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| PRIOR PRINTER'S NOS. 1196, 1247, 1460, 1464, 1468, 1544, 1545, 1561, 1563 | PRINTER'S NO. 1586 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| Report of the Committee of Conference |
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| To the Members of the Senate and House of Representatives: |
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| We, the undersigned, Committee of Conference on the part of the Senate and House of Representatives for the purpose of considering Senate Bill No. 711, entitled: |
| "An act amending Titles 4 (Amusements) and 64 (Public Authorities and Quasi-Public Corporations) Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, making extensive revisions to provisions on gaming, in the areas of legislative intent, definitions, the Pennsylvania Gaming Control Board, * * * interception of oral communications, electronic funds transfer terminals, junkets, gaming schools and, appropriations and Commonwealth Financing Authority; further providing for powers and duties of the Commonwealth Financing Authority; and making related repeals," |
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| respectfully submit the following bill as our report: |
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| DOMINIC PILEGGI |
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| JANE M. EARLL |
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| WAYNE D. FONTANA |
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| (Committee on the part of the Senate.) |
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| TODD A. EACHUS |
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| DANTE SANTONI, JR. |
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| (Committee on the part of the House of Representatives.) |
| *** This page intentionally left blank *** |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, making extensive revisions to provisions on gaming, |
3 | in the areas of legislative intent, definitions, the |
4 | Pennsylvania Gaming Control Board, applicability of other |
5 | statutes, powers of the board, code of conduct, expenses of |
6 | regulatory agencies, licensed gaming entity application |
7 | appeals from board, license or permit application hearing |
8 | process and public hearings, board minutes and records, |
9 | regulatory authority, collection of fees and fines, slot |
10 | machine license fee, number of slot machines, reports of |
11 | board, diversity goals of board, license or permit |
12 | prohibition, specific authority to suspend slot machine |
13 | license, Category 2 slot machine license, Category 3 slot |
14 | machine license, number of slot machine licenses, |
15 | applications for license or permit, slot machine license |
16 | application, slot machine license application character |
17 | requirements, supplier licenses, manufacturer licenses, |
18 | gaming service provider, occupation permit application, |
19 | alternative manufacturer licensing standards, alternative |
20 | supplier licensing standards, additional licenses and permits |
21 | and approval of agreements, license renewals, change in |
22 | ownership or control of slot machine licensee, nonportability |
23 | of slot machine license, appointment of trustee, table games, |
24 | slot machine licensee deposits, gross terminal revenue |
25 | deductions, itemized budget reporting, establishment of State |
26 | Gaming Fund and net slot machine revenue distribution, |
27 | distributions from Pennsylvania Race Horse Development Fund, |
28 | Pennsylvania Gaming Economic Development and Tourism Fund, |
29 | transfers from State Gaming Fund, responsibility and |
30 | authority of Department of Revenue, wagering on credit, |
31 | eminent domain authority, compulsive and problem gambling |
32 | program, drug and alcohol treatment, labor hiring |
33 | preferences, declaration of exemption from Federal laws |
34 | prohibiting slot machines, financial and employment |
35 | interests, additional restrictions, political influence, |
36 | regulation requiring exclusion of certain persons, |
37 | prosecutorial and adjudicative functions, investigations and |
38 | enforcement, conduct of public officials and employees, |
39 | prohibited acts and penalties, report of suspicious |
40 | transactions, additional authority, applicability of Clean |
41 | Indoor Air Act, liquor licenses at licensed facilities, |
42 | interception of oral communications, electronic funds |
43 | transfer terminals, junkets, gaming schools, appropriations |
44 | and Commonwealth Financing Authority; and making related |
45 | repeals. |
46 | The General Assembly of the Commonwealth of Pennsylvania |
47 | hereby enacts as follows: |
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1 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
2 | Consolidated Statutes is amended and the section is amended by |
3 | adding paragraphs to read: |
4 | § 1102. Legislative intent. |
5 | The General Assembly recognizes the following public policy |
6 | purposes and declares that the following objectives of the |
7 | Commonwealth are to be served by this part: |
8 | * * * |
9 | (2.1) The authorization of table games in this part is |
10 | intended to supplement slot machine gaming by increasing |
11 | revenues to the Commonwealth and providing new employment |
12 | opportunities by creating skilled jobs for individuals |
13 | related to the conduct of table games at licensed facilities |
14 | in this Commonwealth. |
15 | * * * |
16 | (10.1) The General Assembly has a compelling interest in |
17 | protecting the integrity of both the electoral process and |
18 | the legislative process by preventing corruption and the |
19 | appearance of corruption which may arise through permitting |
20 | any type of political campaign contributions by certain |
21 | persons involved in the gaming industry and regulated under |
22 | this part. |
23 | (10.2) Banning all types of political campaign |
24 | contributions by certain persons subject to this part is |
25 | necessary to prevent corruption and the appearance of |
26 | corruption that may arise when political campaign |
27 | contributions and gaming regulated under this part are |
28 | intermingled. |
29 | (11) It is necessary to maintain the integrity of the |
30 | regulatory control and legislative oversight over the |
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1 | operation and play of slot machines and table games in this |
2 | Commonwealth; to [prevent the actual or appearance of |
3 | corruption that may result from large campaign |
4 | contributions;] ensure the bipartisan administration of this |
5 | part; and avoid actions that may erode public confidence in |
6 | the system of representative government. |
7 | (12) It is the intent of the General Assembly to |
8 | authorize the operation and play of slot machines and table |
9 | games under a single slot machine license issued to a slot |
10 | machine licensee under this part. |
11 | (13) The authorization of limited gaming in this |
12 | Commonwealth requires the Commonwealth to take steps to |
13 | increase awareness of compulsive and problem gambling and to |
14 | develop and implement effective strategies for prevention, |
15 | assessment and treatment of this behavioral disorder. |
16 | (14) Research indicates that for some individuals |
17 | compulsive and problem gambling and drug and alcohol |
18 | addiction are related. Therefore, the General Assembly |
19 | intends to establish an approach to compulsive and problem |
20 | gambling prevention, assessment and treatment that will |
21 | ensure the provision of adequate resources to identify, |
22 | assess and treat both compulsive and problem gambling and |
23 | drug and alcohol addiction. |
24 | Section 2. The definitions of "associated equipment," |
25 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
26 | "gross terminal revenue," "key employee," "licensed facility," |
27 | "manufacturer," "manufacturer license," "slot machine," |
28 | "supplier" and "supplier license" in section 1103 of Title 4 are |
29 | amended and the section is amended by adding definitions to |
30 | read: |
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1 | § 1103. Definitions. |
2 | The following words and phrases when used in this part shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Associated equipment." Any equipment or mechanical, |
7 | electromechanical or electronic contrivance, component or |
8 | machine used in connection with [gaming] slot machines or table |
9 | games, including linking devices which connect to progressive |
10 | slot machines or slot machines, replacement parts, equipment |
11 | which affects the proper reporting and counting of gross |
12 | terminal revenue and gross table game revenue, computerized |
13 | systems for controlling and monitoring slot machines or table |
14 | games, including, but not limited to, the central control |
15 | computer to which all slot machines communicate and devices for |
16 | weighing or counting money. |
17 | * * * |
18 | "Banking game." Any table game in which a player competes |
19 | against a certificate holder rather than against another player. |
20 | * * * |
21 | "Cash." United States currency and coin. |
22 | "Cash equivalent." An asset that is readily convertible to |
23 | cash, including, but not limited to, any of the following: |
24 | (1) Chips or tokens. |
25 | (2) Travelers checks. |
26 | (3) Foreign currency and coin. |
27 | (4) Certified checks, cashier's checks and money orders. |
28 | (5) Personal checks or drafts. |
29 | (6) A negotiable instrument applied against credit |
30 | extended by a certificate holder or a financial institution. |
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1 | (7) Any other instrument or representation of value that |
2 | the Pennsylvania Gaming Control Board deems a cash |
3 | equivalent. |
4 | * * * |
5 | "Certificate holder." A slot machine licensee that holds a |
6 | table game operation certificate awarded by the Pennsylvania |
7 | Gaming Control Board in accordance with Chapter 13A (relating to |
8 | table games). |
9 | "Cheat." To [alter without authorization] defraud or steal |
10 | from any player, slot machine licensee or the Commonwealth while |
11 | operating or playing a slot machine or table game, including |
12 | causing, aiding, abetting or conspiring with another person to |
13 | do so. The term shall also mean to alter or causing, aiding, |
14 | abetting or conspiring with another person to alter the elements |
15 | of chance, method of selection or criteria which determine: |
16 | (1) The result of a slot machine game or table game. |
17 | (2) The amount or frequency of payment in a slot machine |
18 | game or table game. |
19 | (3) The value of a wagering instrument. |
20 | (4) The value of a wagering credit. |
21 | The term does not include altering a slot machine, table game |
22 | device or associated equipment for [required] maintenance [and] |
23 | or repair with the approval of a slot machine licensee. |
24 | "Cheating or thieving device." A device used or possessed |
25 | with the intent to be used to cheat during the operation or play |
26 | of any slot machine or table game. The term shall also include |
27 | any device used to alter a slot machine or a table game device |
28 | without the slot machine licensee's approval. |
29 | "Chip." A representation of value, including a plaque, |
30 | issued by a certificate holder for use in playing a table game |
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1 | at the certificate holder's licensed facility and redeemable |
2 | with the issuing certificate holder for cash or cash equivalent. |
3 | * * * |
4 | "Conduct of gaming." The licensed placement [and], operation |
5 | and play of [games of chance] slot machines and table games |
6 | under this part, as authorized and approved by the Pennsylvania |
7 | Gaming Control Board [at a licensed facility]. |
8 | "Contest." A table game competition among players for cash, |
9 | cash equivalents or prizes. |
10 | * * * |
11 | "Conviction." A finding of guilt or a plea of guilty or nolo |
12 | contendere, whether or not a judgment of sentence has been |
13 | imposed as determined by the law of the jurisdiction in which |
14 | the prosecution was held. The term does not include a conviction |
15 | that has been expunged or overturned or for which an individual |
16 | has been pardoned or had an order of Accelerated Rehabilitative |
17 | Disposition entered. |
18 | * * * |
19 | "Count room." A secured room at a licensed facility |
20 | designated for the counting, wrapping and recording of slot |
21 | machine and table game receipts. |
22 | "Counterfeit chip." Any object that is: |
23 | (1) used or intended to be used to play a table game at |
24 | a certificate holder's licensed facility and which was not |
25 | issued by that certificate holder for such use; or |
26 | (2) presented to a certificate holder for redemption if |
27 | the object was not issued by the certificate holder. |
28 | * * * |
29 | "Electronic gaming table." A gaming table approved by the |
30 | Pennsylvania Gaming Control Board that is a mechanical, |
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1 | electrical or computerized contrivance, terminal, machine or |
2 | other device which, upon insertion or placement of cash or cash |
3 | equivalents therein or thereon, or upon a wager or payment of |
4 | any consideration whatsoever, is available for play or operation |
5 | by one or more players as a table game. The term shall include |
6 | any gaming table where a wager or payment is made using an |
7 | electronic or computerized wagering or payment system. The term |
8 | shall not include a slot machine. |
9 | "Executive-level public employee." The term shall include |
10 | the following: |
11 | (1) Deputy Secretaries of the Commonwealth and the |
12 | Governor's Office executive staff. |
13 | (2) An employee of the executive branch whose duties |
14 | substantially involve licensing or enforcement under this |
15 | part, who has discretionary power which may affect or |
16 | influence the outcome of a Commonwealth agency's action or |
17 | decision or who is involved in the development of regulations |
18 | or policies relating to a licensed entity. The term shall |
19 | include an employee with law enforcement authority. |
20 | (3) An employee of a county or municipality with |
21 | discretionary powers which may affect or influence the |
22 | outcome of the county's or municipality's action or decision |
23 | related to this part or who is involved in the development of |
24 | law, regulation or policy relating to matters regulated under |
25 | this part. The term shall include an employee with law |
26 | enforcement authority. |
27 | (4) An employee of a department, agency, board, |
28 | commission, authority or other governmental body not included |
29 | in paragraph (1), (2) or (3) with discretionary power which |
30 | may affect or influence the outcome of the governmental |
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1 | body's action or decision related to this part or who is |
2 | involved in the development of regulation or policy relating |
3 | to matters regulated under this part. The term shall include |
4 | an employee with law enforcement authority. |
5 | * * * |
6 | "Fully automated electronic gaming table." An electronic |
7 | gaming table determined by the Pennsylvania Gaming Control Board |
8 | to be playable or operable as a table game without the |
9 | assistance or participation of a person acting on behalf of a |
10 | certificate holder. |
11 | * * * |
12 | "Gaming employee." Any employee of a slot machine licensee, |
13 | including, but not limited to: |
14 | (1) Cashiers. |
15 | (2) Change personnel. |
16 | (3) [Counting] Count room personnel. |
17 | (4) Slot attendants. |
18 | (5) Hosts or other [persons] individuals authorized to |
19 | extend complimentary services, including employees performing |
20 | functions similar to those performed by a gaming junket |
21 | representative. |
22 | (6) Machine mechanics [or], computer machine technicians |
23 | or table game device technicians. |
24 | (7) Security personnel. |
25 | (8) Surveillance personnel. |
26 | (9) [Supervisors] Promotional play supervisors, credit |
27 | supervisors, pit supervisors, cashier supervisors, shift |
28 | supervisors, table game managers and assistant managers and |
29 | other supervisors and managers, except for those specifically |
30 | identified in this part as key employees. |
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1 | (10) Boxmen. |
2 | (11) Dealers or croupiers. |
3 | (12) Floormen. |
4 | (13) Personnel authorized to issue promotional play. |
5 | (14) Personnel authorized to issue credit. |
6 | The term [includes] shall include employees of a person holding |
7 | a supplier's license whose duties are directly involved with the |
8 | repair or distribution of slot machines [and], table game |
9 | devices or associated equipment sold or provided to [the] a |
10 | licensed facility within this Commonwealth as determined by the |
11 | Pennsylvania Gaming Control Board. The term does not include |
12 | bartenders, cocktail servers or other persons engaged solely in |
13 | preparing or serving food or beverages, clerical or secretarial |
14 | personnel, parking attendants, janitorial, stage, sound and |
15 | light technicians and other nongaming personnel as determined by |
16 | the board. |
17 | "Gaming junket." A gaming arrangement made by a gaming |
18 | junket enterprise or a gaming junket representative for an |
19 | individual who: |
20 | (1) Is selected or approved for participation in the |
21 | arrangement based on the individual's ability to satisfy |
22 | specific financial qualifications and the likelihood that the |
23 | individual will participate in playing slot machines or table |
24 | games and patronize a licensed facility for the purpose of |
25 | gaming. |
26 | (2) Receives complimentary services or gifts from a slot |
27 | machine licensee for participation in the arrangement |
28 | including the costs of transportation, food, lodging or |
29 | entertainment. |
30 | "Gaming junket enterprise." A person, other than a slot |
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1 | machine licensee, who employs or otherwise engages the services |
2 | of a gaming junket representative to arrange gaming junkets to a |
3 | licensed facility, regardless of whether the activities of the |
4 | person or the gaming junket representative occur within this |
5 | Commonwealth. |
6 | "Gaming junket representative." An individual, other than an |
7 | employee of a slot machine licensee, who arranges and negotiates |
8 | the terms of a gaming junket or selects individuals to |
9 | participate in a gaming junket to a licensed facility, |
10 | regardless of whether the activities of the individual occur |
11 | within this Commonwealth. |
12 | "Gaming school." Any educational institution approved by the |
13 | Department of Education as an accredited college or university, |
14 | community college, Pennsylvania private licensed school or its |
15 | equivalent and whose curriculum guidelines are approved by the |
16 | Department of Labor and Industry to provide education and job |
17 | training related to employment opportunities associated with |
18 | slot machines or table games, including slot machine, table game |
19 | device and associated equipment maintenance and repair. |
20 | "Gaming service provider." A person that is not required to |
21 | be licensed as a manufacturer, supplier, management company or |
22 | gaming junket enterprise and: |
23 | (1) provides goods or services to a slot machine |
24 | licensee or an applicant for a slot machine license for use |
25 | in the operation of a licensed facility; or |
26 | (2) provides goods or services at a licensed facility. |
27 | "Gross table game revenue." The total of: |
28 | (1) Cash or cash equivalents received in the playing of |
29 | a table game minus the total of: |
30 | (i) Cash or cash equivalents paid to players as a |
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1 | result of playing a table game. |
2 | (ii) Cash or cash equivalents paid to purchase |
3 | annuities to fund prizes payable to players over a period |
4 | of time as a result of playing a table game. |
5 | (iii) The actual cost paid by the certificate holder |
6 | for any personal property distributed to a player as a |
7 | result of playing a table game. This does not include |
8 | travel expenses, food, refreshments, lodging or services. |
9 | (2) Contest or tournament fees or payments, including |
10 | entry fees, buy-ins, re-buys and administrative fees, imposed |
11 | by a certificate holder to participate in a table game |
12 | contest or tournament, less cash paid or actual cost paid by |
13 | a certificate holder for prizes awarded to the contest or |
14 | tournament winners. |
15 | (3) The total amount of the rake collected by a |
16 | certificate holder. |
17 | The term does not include counterfeit cash or chips; coins or |
18 | currency of other countries received in the playing of a table |
19 | game, except to the extent that the coins or currency are |
20 | readily convertible to cash; or cash taken in a fraudulent act |
21 | perpetrated against a certificate holder for which the |
22 | certificate holder is not reimbursed. |
23 | "Gross terminal revenue." The total of: |
24 | (1) cash or cash equivalent wagers received by a slot |
25 | machine minus the total of: |
26 | [(1)] (i) Cash or cash equivalents paid out to |
27 | [patrons] players as a result of playing a slot machine |
28 | [which are paid to patrons either manually], whether paid |
29 | manually or paid out by the slot machine. |
30 | [(2)] (ii) Cash or cash equivalents paid to purchase |
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1 | annuities to fund prizes payable to [patrons] players |
2 | over a period of time as a result of playing a slot |
3 | machine. |
4 | [(3)] (iii) Any personal property distributed to a |
5 | [patron as the] player as a result of playing a slot |
6 | machine. This does not include travel expenses, food, |
7 | refreshments, lodging or services. |
8 | (2) cash received as entry fees for slot machine |
9 | contests or slot machine tournaments. |
10 | The term does not include counterfeit [money] cash or tokens[,]; |
11 | coins or currency of other countries [which are] received in |
12 | slot machines, except to the extent that [they] the coins or |
13 | currency are readily convertible to [United States currency,] |
14 | cash; or cash taken in a fraudulent [acts] act perpetrated |
15 | against a slot machine licensee for which the licensee is not |
16 | reimbursed [or cash received as entry fees for contests or |
17 | tournaments in which the patrons compete for prizes]. |
18 | * * * |
19 | "Hotel." As follows: |
20 | (1) Except as provided under paragraph (2), one or more |
21 | buildings owned or operated by a certificate holder which is |
22 | attached to, physically connected to or adjacent to the |
23 | certificate holder's licensed facility in which members of |
24 | the public may, for a consideration, obtain sleeping |
25 | accommodations. |
26 | (2) When the term is used in section 1305 (relating to |
27 | Category 3 slot machine license) or 1407(d) (relating to |
28 | Pennsylvania Gaming Economic Development and Tourism Fund), a |
29 | building or buildings in which members of the public may, for |
30 | a consideration, obtain sleeping accommodations. |
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1 | * * * |
2 | "Key employee." Any individual who is employed in a director |
3 | or department head capacity and who is empowered to make |
4 | discretionary decisions that regulate slot machine or table game |
5 | operations, including the general manager and assistant manager |
6 | of the licensed facility, director of slot operations, director |
7 | of table game operations, director of cage and/or credit |
8 | operations, director of surveillance, director of marketing, |
9 | director of management information systems, director of |
10 | security, comptroller and any employee who is not otherwise |
11 | designated as a gaming employee and who supervises the |
12 | operations of these departments or to whom these department |
13 | directors or department heads report and such other positions |
14 | not otherwise designated or defined under this part which the |
15 | Pennsylvania Gaming Control Board shall determine based on |
16 | detailed analyses of job descriptions as provided in the |
17 | internal controls of the licensee as approved by the |
18 | Pennsylvania Gaming Control Board. All other gaming employees |
19 | unless otherwise designated by the Pennsylvania Gaming Control |
20 | Board shall be classified as non-key employees. |
21 | "Law enforcement authority." The power to conduct |
22 | investigations of or to make arrests for criminal offenses. |
23 | * * * |
24 | "Licensed entity representative." A person, including an |
25 | attorney, agent or lobbyist, acting on behalf of or authorized |
26 | to represent the interest of any applicant, licensee, permittee |
27 | or other person authorized by the Pennsylvania Gaming Control |
28 | Board to engage in any act or activity which is regulated under |
29 | the provisions of this part regarding any matter before, or |
30 | which may reasonably be expected to come before, the |
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1 | Pennsylvania Gaming Control Board. |
2 | "Licensed facility." The physical land-based location at |
3 | which a licensed gaming entity is authorized to place and |
4 | operate slot machines and, if authorized by the Pennsylvania |
5 | Gaming Control Board under Chapter 13A (relating to table |
6 | games), to conduct table games. The term includes any: |
7 | (1) area of a licensed racetrack at which a slot machine |
8 | licensee was previously authorized pursuant to section |
9 | 1207(17) (relating to regulatory authority of board) to |
10 | operate slot machines prior to the effective date of this |
11 | paragraph; |
12 | (2) board-approved interim facility or temporary |
13 | facility; and |
14 | (3) area of a hotel which the Pennsylvania Gaming |
15 | Control Board determines is suitable to conduct table games. |
16 | * * * |
17 | "Manufacturer." A person who manufactures, builds, rebuilds, |
18 | fabricates, assembles, produces, programs, designs or otherwise |
19 | makes modifications to any slot machine, table game device or |
20 | associated equipment for use or play of slot machines or table |
21 | games in this Commonwealth for gaming purposes. |
22 | "Manufacturer license." A license issued by the Pennsylvania |
23 | Gaming Control Board authorizing a manufacturer to manufacture |
24 | or produce slot machines, table game devices or associated |
25 | equipment for use in this Commonwealth for gaming purposes. |
26 | * * * |
27 | "Municipal authority." A body politic and corporate created |
28 | under the former act of June 28, 1935 (P.L.463, No.191), known |
29 | as the Municipality Authorities Act of one thousand nine hundred |
30 | and thirty-five, the former act of May 2, 1945 (P.L.382, |
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1 | No.164), known as the Municipality Authorities Act of 1945, the |
2 | act of July 29, 1953 (P.L.1034, No.270), known as the Public |
3 | Auditorium Authorities Law or 53 Pa.C.S. Ch. 56 (relating to |
4 | municipal authorities). |
5 | * * * |
6 | "Nonbanking game." Any table game in which a player competes |
7 | against another player and in which the certificate holder |
8 | collects a rake. |
9 | * * * |
10 | "Party." The Bureau of Investigations and Enforcement of the |
11 | Pennsylvania Gaming Control Board or any applicant, licensee, |
12 | permittee, registrant or other person appearing of record in any |
13 | proceeding before the Pennsylvania Gaming Control Board. |
14 | * * * |
15 | "Player." An individual wagering cash, a cash equivalent or |
16 | other thing of value in the play or operation of a slot machine |
17 | or table game, including during a contest or tournament, the |
18 | play or operation of which may deliver or entitle the individual |
19 | playing or operating the slot machine or table game to receive |
20 | cash, a cash equivalent or other thing of value from another |
21 | player or a slot machine licensee. |
22 | * * * |
23 | "Rake." A set fee or percentage assessed by a certificate |
24 | holder for providing the services of a dealer, gaming table or |
25 | location, to allow the play or operation of any nonbanking game. |
26 | * * * |
27 | "Slot machine." Any mechanical [or], electrical or |
28 | computerized contrivance, terminal, machine or other device |
29 | approved by the Pennsylvania Gaming Control Board which, upon |
30 | insertion of a coin, bill, ticket, token or similar object |
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1 | therein or upon payment of any consideration whatsoever, |
2 | including the use of any electronic payment system except a |
3 | credit card or debit card, is available to play or operate, the |
4 | play or operation of which, whether by reason of skill or |
5 | application of the element of chance or both, may deliver or |
6 | entitle the person or persons playing or operating the |
7 | contrivance, terminal, machine or other device to receive cash, |
8 | billets, tickets, tokens or electronic credits to be exchanged |
9 | for cash or to receive merchandise or anything of value |
10 | whatsoever, whether the payoff is made automatically from the |
11 | machine or manually. A slot machine: |
12 | (1) May utilize spinning reels or video displays or |
13 | both. |
14 | (2) May or may not dispense coins, tickets or tokens to |
15 | winning patrons. |
16 | (3) May use an electronic credit system for receiving |
17 | wagers and making payouts. |
18 | The term shall include associated equipment necessary to conduct |
19 | the operation of the contrivance, terminal, machine or other |
20 | device. |
21 | "Slot machine contest." A slot machine competition among |
22 | players for cash, cash equivalents or prizes. |
23 | * * * |
24 | "Slot machine tournament." An organized series of slot |
25 | machine contests approved by the Pennsylvania Gaming Control |
26 | Board in which an overall winner is ultimately determined. |
27 | * * * |
28 | "Supplier." A person that sells, leases, offers or otherwise |
29 | provides, distributes or services any slot machine, table game |
30 | device or associated equipment for use or play of slot machines |
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1 | or table games in this Commonwealth. |
2 | "Supplier license." A license issued by the Pennsylvania |
3 | Gaming Control Board authorizing a supplier to provide products |
4 | or services related to slot machines, table game devices or |
5 | associated equipment to slot machine licensees for use in this |
6 | Commonwealth for gaming purposes. |
7 | * * * |
8 | "Suspicious transaction." A transaction between a slot |
9 | machine licensee or an employee of a slot machine licensee and |
10 | an individual that involves the acceptance or redemption by a |
11 | person of cash or a cash equivalent involving or aggregating |
12 | $5,000 or more which a slot machine licensee or employee of a |
13 | slot machine licensee knows, suspects or has reason to believe: |
14 | (1) involves funds derived from illegal activities or is |
15 | intended or conducted in order to conceal or disguise funds |
16 | or assets derived from illegal activities; |
17 | (2) is part of a plan to violate or evade any law or |
18 | regulation or to avoid any transaction reporting requirement |
19 | under the laws or regulations of this Commonwealth or the |
20 | United States, including a plan to structure a series of |
21 | transactions to avoid any transaction reporting requirement |
22 | under the laws or regulations of this Commonwealth or the |
23 | United States; or |
24 | (3) has no apparent lawful purpose or is not the type of |
25 | transaction in which a person would normally be expected to |
26 | engage and the slot machine licensee or employee knows of no |
27 | reasonable explanation for the transaction after examining |
28 | the available facts, including the background and possible |
29 | purpose of the transaction. |
30 | "Table game." Any banking or nonbanking game approved by the |
|
1 | Pennsylvania Gaming Control Board. The term includes roulette, |
2 | baccarat, blackjack, poker, craps, big six wheel, mini-baccarat, |
3 | red dog, pai gow, twenty-one, casino war, acey-ducey, sic bo, |
4 | chuck-a-luck, Panguingue, Fan-tan, Asia poker, Boston 5 stud |
5 | poker, Caribbean stud poker, Colorado hold 'em poker, double |
6 | attack blackjack, double cross poker, double down stud poker, |
7 | fast action hold 'em, flop poker, four card poker, let it ride |
8 | poker, mini-craps, mini-dice, pai gow poker, pokette, Spanish |
9 | 21, Texas hold 'em bonus poker, three card poker, two card joker |
10 | poker, ultimate Texas hold 'em, winner's pot poker and any other |
11 | banking or nonbanking game. The term shall not include: |
12 | (1) Lottery games of the Pennsylvania State Lottery as |
13 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
14 | known as the State Lottery Law. |
15 | (2) Bingo as authorized under the act of July 10, 1981 |
16 | (P.L.214, No.67), known as the Bingo Law. |
17 | (3) Pari-mutuel betting on the outcome of thoroughbred |
18 | or harness horse racing as authorized under the act of |
19 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
20 | Industry Reform Act. |
21 | (4) Small games of chance as authorized under the act of |
22 | December 19, 1988 (P.L.1262, No.156), known as the Local |
23 | Option Small Games of Chance Act. |
24 | (5) Slot machine gaming and progressive slot machine |
25 | gaming as defined and authorized under this part. |
26 | (6) Keno. |
27 | "Table game device." Includes gaming tables, cards, dice, |
28 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
29 | mechanical, electrical or computerized contrivance, terminal, |
30 | machine or other device, apparatus, equipment or supplies |
|
1 | approved by the Pennsylvania Gaming Control Board and used to |
2 | conduct a table game. |
3 | "Table game operation certificate." A certificate awarded by |
4 | the Pennsylvania Gaming Control Board under Chapter 13A |
5 | (relating to table games) that authorizes a slot machine |
6 | licensee to conduct table games in accordance with this part. |
7 | "Tournament." An organized series of contests approved by |
8 | the Pennsylvania Gaming Control Board in which an overall winner |
9 | is ultimately determined. |
10 | "Trustee." A person appointed by the Pennsylvania Gaming |
11 | Control Board under section 1332 (relating to appointment of |
12 | trustee) to manage and control the operations of a licensed |
13 | facility and who has the fiduciary responsibility to make |
14 | decisions to preserve the viability of a licensed facility and |
15 | the integrity of gaming in this Commonwealth. |
16 | * * * |
17 | Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), |
18 | (13), (14) and (15) and (k) of Title 4 are amended, subsection |
19 | (h) is amended by adding paragraphs and the section is amended |
20 | by adding a subsection to read: |
21 | § 1201. Pennsylvania Gaming Control Board established. |
22 | * * * |
23 | (f) Qualified majority vote.-- |
24 | * * * |
25 | (3) Notwithstanding any other provision of this part or |
26 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
27 | member shall disclose the nature of his disqualifying |
28 | interest, disqualify himself and abstain from voting in a |
29 | hearing or proceeding under this part in which his |
30 | objectivity, impartiality, integrity or independence of |
|
1 | judgment may be reasonably questioned, as provided in |
2 | subsection (h)(6) or section 1202.1(c)(3) (relating to code |
3 | of conduct). If a legislative appointee has disqualified |
4 | himself, the qualified majority shall consist of all of the |
5 | remaining legislative appointees and at least two |
6 | gubernatorial appointees. |
7 | * * * |
8 | (h) Qualifications and restrictions.-- |
9 | * * * |
10 | (4.1) No member shall engage in any business, employment |
11 | or vocation for which the member receives a salary, |
12 | compensation or fee for services rendered which is in excess |
13 | of 15% of the member's gross annual salary as a member of the |
14 | board. For purposes of this paragraph, the terms "salary," |
15 | "compensation" and "fee" do not include any of the following: |
16 | (i) Passive or unearned income, including interest, |
17 | dividends or capital gains from the sale of assets or |
18 | securities held for investment purposes. |
19 | (ii) Health care benefits or retirement, pension or |
20 | annuity payments. |
21 | (iii) Amounts received from a family-controlled |
22 | trade or business in which both personal services and |
23 | capital are income-producing factors, provided that the |
24 | personal services actually rendered by the member do not |
25 | generate a significant amount of income. |
26 | (iv) Director's fees attributable to board |
27 | membership of a corporate or nonprofit body or board or |
28 | reimbursement for expenses incurred in connection with |
29 | board membership. |
30 | (5) No member shall be paid or receive any fee or other |
|
1 | compensation for any activity related to the duties or |
2 | authority of the board other than salary and expenses |
3 | provided by law [for any activity related to the duties or |
4 | authority of the board. Nothing in this part shall prohibit a |
5 | member from engaging in any employment or receiving any |
6 | compensation for such employment that is not connected to or |
7 | incompatible with his service as a member of the board]. |
8 | * * * |
9 | (7.1) Prior to being sworn as a member, an appointee and |
10 | his immediate family shall divest any financial interest in |
11 | any applicant, licensed facility or licensed entity and in an |
12 | affiliate, intermediary, subsidiary or holding company |
13 | thereof owned or held by the appointee or known to be held by |
14 | the appointee's immediate family. For the duration of the |
15 | member's term and for [one year] two years thereafter, the |
16 | member and the member's immediate family may not acquire a |
17 | financial interest in any applicant, licensed facility or |
18 | licensed entity or in an affiliate, intermediary, subsidiary |
19 | or holding company [thereof] of an applicant, licensed |
20 | facility or licensed entity. For purposes of this paragraph, |
21 | the term "immediate family" shall mean spouse and any minor |
22 | or unemancipated child. |
23 | * * * |
24 | (10) No former member may appear before the board in any |
25 | hearing or proceeding or participate in any other activity on |
26 | behalf of any applicant, licensed entity, or an affiliate, |
27 | intermediary, subsidiary or holding company [thereof] of an |
28 | applicant or licensed entity, or any other licensee or |
29 | permittee, for a period of two years from the termination of |
30 | term of office. |
|
1 | (11) No member, employee of the board or independent |
2 | contractor [of the board] shall accept a complimentary |
3 | service, wager or be paid any prize from any wager at any |
4 | licensed facility within this Commonwealth or at any other |
5 | facility outside this Commonwealth which is owned or operated |
6 | by a licensed gaming entity or any of its affiliates, |
7 | intermediaries, subsidiaries or holding companies [thereof] |
8 | for the duration of their term of office, employment or |
9 | contract with the board and for a period of [one year] two |
10 | years from the termination of term of office, employment or |
11 | contract with the board. The provisions of this paragraph |
12 | prohibiting wagering during the term of employment shall not |
13 | apply to employees [who utilize] or independent contractors |
14 | while utilizing slot machines or table game devices for |
15 | testing purposes or [to verify] while verifying the |
16 | performance of a slot machine or table game as part of an |
17 | enforcement investigation. |
18 | * * * |
19 | [(13) No employee of the board or individual employed by |
20 | an independent contractor of the board whose duties |
21 | substantially involve licensing, enforcement or the |
22 | development or adoption of regulations or policy under this |
23 | part shall: |
24 | (i) accept employment with an applicant or licensed |
25 | entity, or an affiliate, intermediary, subsidiary or |
26 | holding company thereof, for a period of one year after |
27 | the termination of the employment relating to the conduct |
28 | of gaming or contract with the board; or |
29 | (ii) appear before the board in any hearing or |
30 | proceeding or participate in any other activity on behalf |
|
1 | of any applicant, licensee, permittee or licensed entity, |
2 | or an affiliate, intermediary, subsidiary or holding |
3 | company thereof, for a period of two years after |
4 | termination of the employment or contract with the |
5 | board.] |
6 | (13) The following shall apply to an employee of the |
7 | board whose duties substantially involve licensing, |
8 | enforcement, development of law, promulgation of regulations |
9 | or development of policy, relating to gaming under this part |
10 | or who has other discretionary authority which may affect or |
11 | influence the outcome of an action, proceeding or decision |
12 | under this part, including the executive director, bureau |
13 | directors and attorneys: |
14 | (i) The individual may not, for a period of two |
15 | years following termination of employment, accept |
16 | employment with or be retained by an applicant or a |
17 | licensed entity or by an affiliate, intermediary, |
18 | subsidiary or holding company of an applicant or a |
19 | licensed entity. |
20 | (ii) The individual may not, for a period of two |
21 | years following termination of employment, appear before |
22 | the board in a hearing or proceeding or participate in |
23 | activity on behalf of any applicant, licensee, permittee |
24 | or licensed entity or on behalf of an affiliate, |
25 | intermediary, subsidiary or holding company of any |
26 | applicant, licensee, permittee or licensed entity. |
27 | (iii) An applicant or a licensed entity or an |
28 | affiliate, intermediary, subsidiary or holding company of |
29 | an applicant or a licensed entity may not, until the |
30 | expiration of two years following termination of |
|
1 | employment, employ or retain the individual. Violation of |
2 | this subparagraph shall result in termination of the |
3 | individual's employment and subject the violator to |
4 | section 1518(c) (relating to prohibited acts; penalties). |
5 | (iv) A prospective employee who, upon employment, |
6 | would be subject to this paragraph must, as a condition |
7 | of employment, sign an affidavit that the prospective |
8 | employee will not violate subparagraph (i) or (ii). If |
9 | the prospective employee fails to sign the affidavit, the |
10 | board shall rescind any offer of employment and shall not |
11 | employ the individual. |
12 | (13.1) The following shall apply to an independent |
13 | contractor and to an employee of an independent contractor |
14 | whose duties substantially involve consultation relating to |
15 | licensing, enforcement, development of law, promulgation of |
16 | regulations or development of policy, relating to gaming |
17 | under this part: |
18 | (i) The person may not, for a period of one year |
19 | following termination of the contract with the board, be |
20 | retained by an applicant or a licensed entity or by an |
21 | affiliate, intermediary, subsidiary or holding company of |
22 | an applicant or a licensed entity. |
23 | (ii) The person may not, for a period of two years |
24 | following termination of the contract with the board, |
25 | appear before the board in a hearing or proceeding or |
26 | participate in activity on behalf of any applicant, |
27 | licensee, permittee or licensed entity or on behalf of an |
28 | affiliate, intermediary, subsidiary or holding company of |
29 | any applicant, licensee, permittee or licensed entity. |
30 | (iii) An applicant or a licensed entity or an |
|
1 | affiliate, intermediary, subsidiary or holding company of |
2 | an applicant or a licensee may not, until the expiration |
3 | of one year following termination of the contract with |
4 | the board, employ or retain the person. A knowing |
5 | violation of this subparagraph shall result in |
6 | termination of the person's employment and subject the |
7 | violator to section 1518(c). |
8 | (iv) Each contract between the board and an |
9 | independent contractor which involves the duties set |
10 | forth in this paragraph shall contain a provision |
11 | requiring the independent contractor to sign an affidavit |
12 | that the independent contractor will not violate |
13 | subparagraph (i) or (ii). If the independent contractor |
14 | fails to sign the affidavit, the board shall not enter |
15 | into the contract. |
16 | (v) An independent contractor shall require a |
17 | prospective employee whose employment would involve the |
18 | duties set forth in this paragraph to sign an affidavit |
19 | that the prospective employee will not violate |
20 | subparagraph (i) or (ii). If the prospective employee |
21 | fails to sign the affidavit, the independent contractor |
22 | shall rescind any offer of employment and shall not |
23 | employ the individual. |
24 | (13.2) Nothing under paragraph (13) or (13.1) shall |
25 | prevent a current or former employee of the board, a current |
26 | or former independent contractor or a current or former |
27 | employee of an independent contractor from appearing before |
28 | the board in any hearing or proceeding as a witness or |
29 | testifying as to any fact or information. |
30 | (14) [Upon the written request of an employee of the |
|
1 | board, the executive branch of the Commonwealth or a |
2 | political subdivision or of the agency or political |
3 | subdivision employing an employee, the State Ethics |
4 | Commission shall determine whether the individual's duties |
5 | substantially involve the development or adoption of |
6 | regulations or policy, licensing or enforcement under this |
7 | part and shall provide a written determination to the |
8 | employee to include any prohibition under this paragraph. An |
9 | individual who] The State Ethics Commission shall issue a |
10 | written determination of whether a person is subject to |
11 | paragraph (13) or (13.1) upon the written request of the |
12 | person or the person's employer or potential employer. A |
13 | person that relies in good faith on a determination issued |
14 | under this paragraph shall not be subject to any penalty for |
15 | an action taken, provided that all material facts set forth |
16 | in the request for [a] the determination are correct. |
17 | (14.1) The State Ethics Commission shall publish a list |
18 | of all employment positions within the board and employment |
19 | positions within independent contractors whose duties would |
20 | subject the individuals in those positions to the provisions |
21 | of paragraphs (13) and (13.1). The board and each independent |
22 | contractor shall assist the State Ethics Commission in the |
23 | development of the list, which shall be published by the |
24 | State Ethics Commission in the Pennsylvania Bulletin |
25 | biennially and posted by the board on the board's Internet |
26 | website. Upon request, employees of the board and each |
27 | independent contractor shall have a duty to provide the State |
28 | Ethics Commission with adequate information to accurately |
29 | develop and maintain the list. The State Ethics Commission |
30 | may impose a civil penalty under 65 Pa.C.S. § 1109(f) |
|
1 | (relating to penalties) upon an individual who fails to |
2 | cooperate with the State Ethics Commission under this |
3 | paragraph. An individual who relies in good faith on the list |
4 | published by the State Ethics Commission shall not be subject |
5 | to any penalty for a violation of paragraph (13) or (13.1). |
6 | (15) If a member[, employee or independent contractor] |
7 | of the board violates any provision of this section, the |
8 | appointing authority [or the board may, upon notice and |
9 | hearing,] may remove the person from the board[, withdraw the |
10 | appointment or terminate the employment or contract, and the |
11 | person shall be ineligible for future appointment, employment |
12 | or contract with the board and for approval of a license or |
13 | permit under this part for a period of two years thereafter]. |
14 | A member removed under this paragraph shall, for a period of |
15 | five years following removal, be prohibited from future |
16 | appointment to the board and shall be prohibited from |
17 | applying for a license, permit or other authorization under |
18 | this part and from becoming an independent contractor or |
19 | registering as a licensed entity representative. |
20 | * * * |
21 | (k) Appointments.--The appointing authorities shall make |
22 | their initial appointments within 60 days of the effective date |
23 | of this part. Appointments to fill a vacancy shall be made |
24 | within 60 days of the creation of the vacancy. No appointment |
25 | shall be final until receipt by the appointing authority of the |
26 | required background investigation of the appointee by the |
27 | Pennsylvania State Police which shall be completed within 30 |
28 | days. No person who has been convicted in any domestic or |
29 | foreign jurisdiction of a felony, infamous crime or gaming |
30 | offense shall be appointed to the board. |
|
1 | * * * |
2 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
3 | other fiscal crisis, the Governor orders the furlough of |
4 | Commonwealth employees, the board and its employees and all |
5 | employees of the department and the Pennsylvania State Police |
6 | whose duties involve the regulation and oversight of gaming |
7 | under this part shall not be subject to furlough and shall |
8 | continue to perform their duties of employment. |
9 | * * * |
10 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
11 | read: |
12 | § 1201.1. Applicability of other statutes. |
13 | (a) General rule.--The following acts shall apply to the |
14 | board: |
15 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
16 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
17 | Right-to-Know Law. |
18 | * * * |
19 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20) and |
20 | (23) of Title 4 are amended and subsection (b) is amended by |
21 | adding paragraphs to read: |
22 | § 1202. General and specific powers. |
23 | (a) General powers.-- |
24 | (1) The board shall have general and sole regulatory |
25 | authority over the conduct of gaming or related activities as |
26 | described in this part. The board shall ensure the integrity |
27 | of the acquisition and operation of slot machines, table |
28 | games, table game devices and associated equipment and shall |
29 | have sole regulatory authority over every aspect of the |
30 | authorization [and], operation and play of slot machines and |
|
1 | table games. |
2 | (2) The board shall employ individuals as necessary to |
3 | carry out the powers and duties of the board, who shall serve |
4 | at the board's pleasure. An employee of the board shall be |
5 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
6 | XXV (relating to retirement for State employees and |
7 | officers). For the purposes of this paragraph, the board |
8 | shall not be considered an executive or independent agency |
9 | under the act of October 15, 1980 (P.L.950, No.164), known as |
10 | the Commonwealth Attorneys Act. The board shall not take |
11 | final action to fill any vacancy in the position of executive |
12 | director of the board, director of the bureau, chief counsel |
13 | of the board or director of the Office of Enforcement Counsel |
14 | until receipt and review of the results of the individual's |
15 | background investigation under section 1517(c)(1.1) (relating |
16 | to investigations and enforcement). |
17 | * * * |
18 | (b) Specific powers.--The board shall have the specific |
19 | power and duty: |
20 | * * * |
21 | (7) To administer oaths, examine witnesses and issue |
22 | subpoenas compelling the attendance of witnesses or the |
23 | production of documents and records or other evidence[. The |
24 | provisions of this paragraph shall apply to designated |
25 | officers and employees.], or to designate officers or |
26 | employees to perform these duties. |
27 | * * * |
28 | (12.1) At its discretion, to award, revoke, suspend, |
29 | condition or deny a table game operation certificate to a |
30 | slot machine licensee in accordance with Chapter 13A |
|
1 | (relating to table games). |
2 | * * * |
3 | (20) In addition to the power of the board regarding |
4 | license and permit applicants, to determine at its discretion |
5 | the suitability of any person who furnishes or seeks to |
6 | furnish to a slot machine licensee directly or indirectly any |
7 | goods, services or property related to slot machines, table |
8 | games, table game devices or associated equipment or through |
9 | any arrangements under which that person receives payment |
10 | based directly or indirectly on earnings, profits or receipts |
11 | from the slot machines, table games, table game devices and |
12 | associated equipment. The board may require any such person |
13 | to comply with the requirements of this part and the |
14 | regulations of the board and may prohibit the person from |
15 | furnishing the goods, services or property. |
16 | * * * |
17 | (23) The board shall not approve an application for or |
18 | issue or renew a license, certificate, registration or permit |
19 | unless it is satisfied that the applicant has demonstrated by |
20 | clear and convincing evidence that the applicant is a person |
21 | of good character, honesty and integrity and is a person |
22 | whose prior activities, criminal record, if any, reputation, |
23 | habits and associations do not pose a threat to the public |
24 | interest or the effective regulation and control of slot |
25 | machine or table game operations or create or enhance the |
26 | danger of unsuitable, unfair or illegal practices, methods |
27 | and activities in the conduct of slot machine or table game |
28 | operations or the carrying on of the business and financial |
29 | arrangements incidental thereto. |
30 | * * * |
|
1 | (27.1) To publish each January in the Pennsylvania |
2 | Bulletin and on the Pennsylvania Gaming Control Board's |
3 | Internet website a complete list of all slot machine |
4 | licensees who filed a petition seeking authorization to |
5 | conduct table games and the status of each petition or table |
6 | game operation certificate. |
7 | * * * |
8 | (31) To collect and post information on its Internet |
9 | website with sufficient detail to inform the public of each |
10 | person with a controlling interest or ownership interest in |
11 | an applicant for a slot machine license or a licensed gaming |
12 | entity, or affiliate, intermediary, subsidiary or holding |
13 | company of an applicant or licensed gaming entity. The |
14 | posting shall include: |
15 | (i) If the applicant or licensed gaming entity, or |
16 | any affiliate, intermediary, subsidiary or holding |
17 | company of the applicant or licensed gaming entity, is a |
18 | publicly traded domestic or foreign corporation, |
19 | partnership, limited liability company or other legal |
20 | entity, the names of all persons with a controlling |
21 | interest. |
22 | (ii) If the applicant or licensed gaming entity, or |
23 | any affiliate, intermediary, subsidiary or holding |
24 | company of the applicant or licensed gaming entity, is a |
25 | privately held domestic or foreign corporation, |
26 | partnership, limited liability company or other legal |
27 | entity, the names of all persons with an ownership |
28 | interest equal to or greater than 1%. |
29 | (iii) The name of any person entitled to cast the |
30 | vote of a person named under subparagraph (i) or (ii). |
|
1 | (iv) The names of all officers, directors and |
2 | principals of the applicant or licensed gaming entity. |
3 | (32) To appoint a trustee as prescribed in section 1332 |
4 | (relating to appointment of trustee). |
5 | (33) To adopt regulations governing the postemployment |
6 | limitations and restrictions applicable to members and to |
7 | employees of the board subject to section 1201(h)(13) |
8 | (relating to Pennsylvania Gaming Control Board established). |
9 | In developing these regulations, the board may consult with |
10 | the State Ethics Commission, other governmental agencies and |
11 | the disciplinary board of the Supreme Court of Pennsylvania |
12 | regarding postemployment limitations and restrictions on |
13 | members and employees of the board who are members of the |
14 | Pennsylvania Bar. |
15 | (34) To review detailed site plans identifying a |
16 | petitioner's proposed table game area within a licensed |
17 | facility to determine the adequacy of the proposed internal |
18 | and external security and proposed surveillance measures. |
19 | Section 5. Section 1202.1 of Title 4 is amended to read: |
20 | § 1202.1. Code of conduct. |
21 | (a) Scope.--The board shall adopt a comprehensive code of |
22 | conduct prior to the consideration of any license, permit or |
23 | registration application. The code of conduct shall supplement |
24 | all other requirements under this part and 65 Pa.C.S. Pt. II |
25 | (relating to accountability) and shall provide guidelines |
26 | applicable to members, employees of the board, independent |
27 | contractors [of the board] and the immediate [families] family |
28 | of the members, employees and independent contractors to enable |
29 | them to avoid any perceived or actual conflict of interest and |
30 | to promote public confidence in the integrity and impartiality |
|
1 | of the board. At a minimum, the code of conduct adopted under |
2 | this section shall include registration of licensed entity |
3 | representatives under subsection (b) and the restrictions under |
4 | [subsection (c)] subsections (c) and (c.1). |
5 | (b) Registration.-- |
6 | (1) A licensed entity representative shall register with |
7 | the board in a manner prescribed by the board, which shall |
8 | include the name, employer or firm, business address[,] and |
9 | business telephone number of both the licensed entity |
10 | representative and [the] any licensed entity, applicant for |
11 | licensure or other person being represented. |
12 | (2) A licensed entity representative shall have an |
13 | [ongoing] affirmative duty to update its registration |
14 | information on an ongoing basis, and failure to do so shall |
15 | be punishable by the board. |
16 | (3) The [registration list] board shall maintain a |
17 | registration list which shall contain the information |
18 | required under paragraph (1) and which shall be available for |
19 | public inspection at the offices of the board and on the |
20 | board's Internet website. |
21 | (c) Restrictions.--[A] In addition to the other prohibitions |
22 | contained in this part, a member [of the board] shall: |
23 | (1) [Not engage in any ex parte communication with any |
24 | person.] (Reserved). |
25 | (2) Not accept any discount, gift, gratuity, |
26 | compensation, travel, lodging or other thing of value, |
27 | directly or indirectly, from any applicant[, licensee,]; |
28 | licensed entity; affiliate, subsidiary, or intermediary of an |
29 | applicant or a licensed entity; permittee[,]; registrant; or |
30 | licensed entity representative [thereof]. |
|
1 | (3) Disclose and [disqualify] recuse himself from any |
2 | hearing or other proceeding in which the member's |
3 | objectivity, impartiality, integrity or independence of |
4 | judgment may be reasonably questioned due to the member's |
5 | relationship or association with a party connected to any |
6 | hearing or proceeding or a person appearing before the board. |
7 | (4) Refrain from any financial or business dealing which |
8 | would tend to reflect adversely on the member's objectivity, |
9 | impartiality or independence of judgment. |
10 | (5) Not hold or campaign for public office, hold an |
11 | office in any political party or political committee, as |
12 | defined in section 1513(d) (relating to political influence), |
13 | contribute to or solicit contributions to a political |
14 | campaign, [party,] political party, political committee or |
15 | candidate, publicly endorse a candidate or actively |
16 | participate in a political campaign. |
17 | (6) Not solicit funds for any charitable, educational, |
18 | religious, health, fraternal, civic or other nonprofit entity |
19 | from [an] any applicant, licensed entity, party, permittee, |
20 | registrant or licensed entity representative, or from any |
21 | affiliate, subsidiary, intermediary or holding company of [a] |
22 | any applicant, licensed entity, [interested] party or |
23 | licensed entity representative. [A board] Subject to the |
24 | provisions of section 1201(h)(4.1) (relating to Pennsylvania |
25 | Gaming Control Board established), a member may serve as an |
26 | officer, employee or member of the governing body of a |
27 | nonprofit entity and may attend, make personal contributions |
28 | to and plan or preside over the entity's fundraising events. |
29 | A [board] member may permit his name to appear on the |
30 | letterhead used for fundraising events if the letterhead |
|
1 | contains only the [board] member's name and position with the |
2 | nonprofit entity. |
3 | (7) Not meet or engage in discussions with any |
4 | applicant, [person licensed under this part or a] licensed |
5 | entity, permittee, registrant, licensed entity |
6 | representative, person who provides goods, property or |
7 | services to a slot machine licensee or any other person or |
8 | entity under the jurisdiction of the board unless the meeting |
9 | or discussion occurs on the business premises of the board |
10 | and is recorded in a log [maintained for this purpose]. The |
11 | log shall be available for public inspection during the |
12 | regular business hours of the board and shall be posted on |
13 | the board's Internet website. The log shall include the date |
14 | and time of the meeting or discussion, the names of the |
15 | participants and the subject discussed. The provisions of |
16 | this paragraph shall not apply to meetings [of the board] to |
17 | consider matters requiring the physical inspection of the |
18 | equipment or premises of an applicant or a licensed entity |
19 | [at their location] provided the meeting is entered in the |
20 | log. |
21 | (8) Avoid impropriety and the appearance of impropriety |
22 | at all times and observe standards and conduct that promote |
23 | public confidence in the oversight of gaming. |
24 | (9) Comply with any other laws, rules or regulations |
25 | relating to the conduct of a member. |
26 | (c.1) Ex parte communications.-- |
27 | (1) No member or hearing officer of the board shall |
28 | engage in any ex parte communication with any person. No |
29 | attorney of the Office of Chief Counsel advising the board on |
30 | a particular licensing issue or proceeding shall engage in |
|
1 | any ex parte communication with any person. |
2 | (2) No attorney representing the bureau or the Office of |
3 | Enforcement Counsel or an applicant, licensee or permittee in |
4 | any proceeding, shall engage in an ex parte communication |
5 | with a member, an attorney of the Office of Chief Counsel who |
6 | is advising the board on a proceeding or a hearing officer of |
7 | the board. |
8 | (3) No employee of the bureau or the Office of |
9 | Enforcement Counsel shall engage in an ex parte communication |
10 | with a member, an attorney of the Office of Chief Counsel who |
11 | is advising the board on a proceeding or a hearing officer of |
12 | the board. |
13 | (c.2) Procedures relating to ex parte communications.-- |
14 | (1) An ex parte communication received or engaged in by |
15 | a member or hearing officer shall be recorded in a log. The |
16 | log shall be available for public inspection during the |
17 | regular business hours of the board and shall be posted on |
18 | the board's Internet website. The log shall include: |
19 | (i) The name of the individual documenting the ex |
20 | parte communication. |
21 | (ii) The date and time of the ex parte |
22 | communication. |
23 | (iii) The names of all individuals involved in the |
24 | ex parte communication. |
25 | (iv) The subject discussed. |
26 | (2) In addition to documenting an ex parte communication |
27 | under paragraph (1), notification of the substance of the |
28 | communication and an opportunity to respond shall be provided |
29 | to all parties to a hearing or other proceeding directly |
30 | affected by the anticipated vote or action of the hearing |
|
1 | officer or board related to the ex parte communication. |
2 | (3) (i) A member or hearing officer who engaged in or |
3 | received an ex parte communication shall recuse himself |
4 | from any hearing or other proceeding related to the ex |
5 | parte communication if the context and substance of the |
6 | ex parte communication creates substantial reasonable |
7 | doubt as to the individual's ability to act objectively, |
8 | independently or impartially. |
9 | (ii) A member or hearing officer who engaged in or |
10 | received an ex parte communication who elects not to |
11 | recuse himself from a hearing or other proceeding shall |
12 | state his reasons for not recusing himself on the record |
13 | prior to the commencement of the hearing or proceeding. |
14 | (iii) If a legislative appointee recuses himself |
15 | from any hearing or other proceeding under this section, |
16 | any qualified majority vote required under this part |
17 | shall consist of all of the remaining legislative |
18 | appointees and at least two gubernatorial appointees. |
19 | (iv) Failure of a hearing officer who engaged in or |
20 | received an ex parte communication to recuse himself from |
21 | a hearing or other proceeding when required under |
22 | subparagraph (i) shall be grounds for appeal to the |
23 | board. |
24 | (v) Failure of a member who engaged in or received |
25 | an ex parte communication to recuse himself from a |
26 | hearing or other proceeding when required under |
27 | subparagraph (i) shall be grounds for appeal to a court |
28 | of competent jurisdiction if the board action being |
29 | appealed could not have occurred without the |
30 | participation of the member. |
|
1 | (4) This subsection shall not preclude a member from |
2 | consulting with other members individually if the |
3 | consultation complies with 65 Pa.C.S. Ch. 7 (relating to open |
4 | meetings) or with employees or independent contractors whose |
5 | functions are to assist the board in carrying out its |
6 | adjudicative functions. |
7 | (d) Ex officio members.--The restrictions under subsection |
8 | (c)(5) shall not apply to ex officio members. |
9 | (e) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection: |
12 | "Ex parte communication." An off-the-record communication |
13 | engaged in or received by a member or [employee] hearing officer |
14 | of the board regarding the merits of or any fact in issue |
15 | relating to a pending matter before the board or hearing officer |
16 | or which may reasonably be expected to come before the board or |
17 | hearing officer in a contested on-the-record proceeding. The |
18 | term shall not include off-the-record communications by or |
19 | between a member or [employee] hearing officer of the board, |
20 | [Department of Revenue] department, Pennsylvania State Police, |
21 | Attorney General or other law enforcement official prior to the |
22 | beginning of the proceeding solely for the purpose of seeking |
23 | clarification or correction to evidentiary materials intended |
24 | for use in the proceedings. The term shall also not include |
25 | communications between the board or a member and the office of |
26 | chief counsel. |
27 | ["Licensed entity representative." A person acting on behalf |
28 | of or representing the interest of any applicant, licensee, |
29 | permittee or registrant, including an attorney, agent or |
30 | lobbyist, regarding any matter which may reasonably be expected |
|
1 | to come before the board.] |
2 | Section 6. Title 4 is amended by adding a section to read: |
3 | § 1202.2. Expenses of regulatory agencies. |
4 | (a) Reimbursement.--Members and employees of the board, |
5 | employees of the department and the Office of Attorney General, |
6 | and troopers and employees of the Pennsylvania State Police, |
7 | whose duties involve the regulation or enforcement of gaming |
8 | under this part who are seeking reimbursement from funds which |
9 | are or will be paid by an applicant for a slot machine license |
10 | or a slot machine licensee or from the assessments made by the |
11 | department under section 1402(a)(relating to gross terminal |
12 | revenue deductions) may be reimbursed only for actual and |
13 | reasonable expenses incurred during the performance of their |
14 | duties under this part. |
15 | (b) Receipts.--In order to receive reimbursement for an |
16 | expense under subsection (a), the individual seeking |
17 | reimbursement must submit a receipt to the appropriate agency |
18 | documenting the expense incurred. Receipts and requests for |
19 | reimbursement shall be financial records for purposes of, and |
20 | subject to redaction under, the act of February 14, 2008 (P.L.6, |
21 | No.3), known as the Right-to-Know Law. |
22 | Section 7. Section 1204 of Title 4 is amended to read: |
23 | § 1204. Licensed gaming entity application appeals from board. |
24 | The Supreme Court of Pennsylvania shall be vested with |
25 | exclusive appellate jurisdiction to consider appeals of any |
26 | final order, determination or decision of the board involving |
27 | the approval, issuance, denial or conditioning of a slot machine |
28 | license or the award, denial or conditioning of a table game |
29 | operation certificate. Notwithstanding the provisions of 2 |
30 | Pa.C.S. Ch. 7 Subch. A (relating to judicial review of |
|
1 | Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to |
2 | direct appeals from government agencies), the Supreme Court |
3 | shall affirm all final orders, determinations or decisions of |
4 | the board involving the approval, issuance, denial or |
5 | conditioning of a slot machine license or the award, denial or |
6 | conditioning of a table game operation certificate unless it |
7 | shall find that the board committed an error of law or that the |
8 | order, determination or decision of the board was arbitrary and |
9 | there was a capricious disregard of the evidence. |
10 | Section 7.1. Section 1205(b)(1) and (2) of Title 4 are |
11 | amended and the subsection is amended by adding a paragraph to |
12 | read: |
13 | § 1205. License or permit application hearing process; public |
14 | input hearings. |
15 | * * * |
16 | (b) Public input hearing requirement.-- |
17 | (1) [Prior to licensing a facility under this part, the |
18 | board shall hold at least one public input hearing on the |
19 | matter.] The board shall hold at least one public input |
20 | hearing prior to: |
21 | (i) Approving a slot machine license application or |
22 | renewing a slot machine license. |
23 | (ii) Approving the structural redesign of a licensed |
24 | facility located in a city of the first class. |
25 | (2) All public input hearings [relating to an |
26 | application for a slot machine license] under paragraph (1) |
27 | shall be held in the municipality where the licensed facility |
28 | will be, or is, located and shall be organized in cooperation |
29 | with the municipality. |
30 | * * * |
|
1 | (4) In addition to any witnesses scheduled to testify |
2 | under paragraph (3), the board shall establish a public |
3 | comment period during which time members of the public may |
4 | address the board regarding the application, license or |
5 | proposed structural redesign. The board, in its discretion, |
6 | may place reasonable time limits on an individual's comments. |
7 | Section 8. Section 1206(f) of Title 4 is amended to read: |
8 | § 1206. Board minutes and records. |
9 | * * * |
10 | (f) Confidentiality of information.--[All] |
11 | (1) The following information submitted by an applicant, |
12 | permittee or licensee pursuant to section 1310(a) (relating |
13 | to slot machine license application character requirements) |
14 | or 1308(a.1) (relating to applications for license or permit) |
15 | or obtained by the board or the bureau as part of a |
16 | background or other investigation from any source shall be |
17 | [considered] confidential[.] and withheld from public |
18 | disclosure: |
19 | (i) All information relating to character, honesty |
20 | and integrity, including family, habits, reputation, |
21 | history of criminal activity, business activities, |
22 | financial affairs and business, professional and personal |
23 | associations submitted under section 1310(a) or 1308(a.1) |
24 | or otherwise obtained by the board or the bureau. |
25 | (ii) Nonpublic personal information, including home |
26 | addresses, telephone numbers and other personal contact |
27 | information, Social Security numbers, educational |
28 | records, memberships, medical records, tax returns and |
29 | declarations, actual or proposed compensation, financial |
30 | account records, creditworthiness or financial condition |
|
1 | relating to an applicant, licensee or permittee or the |
2 | immediate family thereof. |
3 | (iii) Information relating to proprietary |
4 | information, trade secrets, patents or exclusive |
5 | licenses, architectural and engineering plans and |
6 | information relating to competitive marketing materials |
7 | and strategies, which may include customer-identifying |
8 | information or customer prospects for services subject to |
9 | competition. |
10 | (iv) Security information, including risk prevention |
11 | plans, detection and countermeasures, location of count |
12 | rooms, emergency management plans, security and |
13 | surveillance plans, equipment and usage protocols and |
14 | theft and fraud prevention plans and countermeasures. |
15 | (v) Information with respect to which there is a |
16 | reasonable possibility that public release or inspection |
17 | of the information would constitute an unwarranted |
18 | invasion into personal privacy of any individual as |
19 | determined by the board. |
20 | (vi) Records of an applicant or licensee not |
21 | required to be filed with the Securities and Exchange |
22 | Commission by issuers that either have securities |
23 | registered under section 12 of the Securities Exchange |
24 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
25 | are required to file reports under section 15(d) of the |
26 | Securities Exchange Act of 1934. |
27 | (vii) Records considered nonpublic matters or |
28 | information by the Securities and Exchange Commission as |
29 | provided by 17 CFR 200.80 (relating to commission records |
30 | and information). |
|
1 | (viii) Any financial information deemed confidential |
2 | by the board upon a showing of good cause by the |
3 | applicant or licensee. |
4 | (2) No claim of confidentiality shall be made regarding |
5 | any criminal history record information that is available to |
6 | the public under 18 Pa.C.S. § 9121(b) (relating to general |
7 | regulations). |
8 | (3) No claim of confidentiality shall be made regarding |
9 | any record in possession of the board that is otherwise |
10 | publicly available from a Commonwealth agency, local agency |
11 | or another jurisdiction. |
12 | (3.1) Notwithstanding paragraph (1)(iii), for purposes |
13 | of a public input hearing under this part, the board may |
14 | release architectural renderings or models depicting a |
15 | proposed structural design or redesign of the licensed |
16 | facility that is the subject of the hearing. |
17 | (4) Except as provided in section 1517(f) (relating to |
18 | [investigation] investigations and enforcement), the |
19 | information made confidential pursuant to this section shall |
20 | be withheld from public disclosure in whole or in part, |
21 | except that any confidential information shall be released |
22 | upon the [lawful] order of a court of competent jurisdiction |
23 | or, with the approval of the Attorney General, to a duly |
24 | authorized law enforcement agency or shall be released to the |
25 | public, in whole or in part, to the extent that such release |
26 | is requested by an applicant or licensee and does not |
27 | otherwise contain confidential information about another |
28 | person. |
29 | (5) The board may seek a voluntary waiver of |
30 | confidentiality from an applicant or licensee but may not |
|
1 | require any applicant or licensee to waive any |
2 | confidentiality provided for in this subsection as a |
3 | condition for the approval of an application, renewal of a |
4 | license or any other action of the board. [Any person who |
5 | violates this subsection shall] |
6 | (6) No current or former member and no current or former |
7 | employee, agent or independent contractor of the board, the |
8 | department, the Pennsylvania State Police, the Office of |
9 | Attorney General or any other Executive-branch office who has |
10 | obtained confidential information in the performance of |
11 | duties under this part, shall intentionally and publicly |
12 | disclose the information to any person, knowing that the |
13 | information being disclosed is confidential under this |
14 | subsection, unless the person is authorized by law to receive |
15 | it. A violation of this subsection constitutes a misdemeanor |
16 | of the third degree. In addition, an employee, agent or |
17 | independent contractor who violates this subsection shall be |
18 | administratively disciplined by discharge, suspension, |
19 | termination of contract or other formal disciplinary action |
20 | as [the board deems] appropriate. If a current member |
21 | violates this paragraph, the other members shall refer the |
22 | matter to the current member's appointing authority. |
23 | * * * |
24 | Section 8.1. Section 1207(4), (5), (8), (9), (14) and (17) |
25 | of Title 4 are amended and the section is amended by adding |
26 | paragraphs to read: |
27 | § 1207. Regulatory authority of board. |
28 | The board shall have the power and its duties shall be to: |
29 | * * * |
30 | (4) Require that each licensed entity provide to the |
|
1 | board its audited annual financial statements, with such |
2 | additional detail as the board from time to time shall |
3 | require, which information shall be submitted not later than |
4 | [60] 90 days after the end of the licensee's fiscal year. |
5 | (5) Prescribe the procedures to be followed by slot |
6 | machine licensees for any financial event that occurs in the |
7 | operation and play of slot machines or table games. |
8 | * * * |
9 | (7.1) Enforce prescribed hours for the operation of |
10 | table games so that a certificate holder may conduct table |
11 | games on any day during the year in order to meet the needs |
12 | of patrons or to meet competition. |
13 | (8) Require that each licensed gaming entity prohibit |
14 | persons under 21 years of age from operating or using slot |
15 | machines or playing table games. |
16 | (9) Establish procedures for the inspection and |
17 | certification of compliance of each slot machine, table game, |
18 | table game device and associated equipment prior to being |
19 | placed into use by a slot machine licensee. |
20 | * * * |
21 | (14) Consult with members of the Pennsylvania State |
22 | Police, the Office of Attorney General, the department and |
23 | such other persons it deems necessary for advice regarding |
24 | the various aspects of the powers and duties imposed on it |
25 | under this part and its jurisdiction over the authorization, |
26 | [and] operation and play of slot machines, table games and |
27 | licensed facilities. |
28 | * * * |
29 | (17) Permit, in its discretion and upon application or |
30 | petition, the use of a temporary facility within which slot |
|
1 | machines and table games may be available for play or |
2 | operation at a licensed [gaming] facility, for a period not |
3 | to exceed 24 months, provided that, upon good cause shown, |
4 | the board may extend permission to operate a temporary |
5 | facility for an additional [12-month] 24-month period. |
6 | (18) (Reserved). |
7 | (19) Authorize an employee of the board to approve, deny |
8 | or condition a request to decrease the number of slot |
9 | machines in operation at a licensed facility. An employee may |
10 | not approve a requested decrease in the number of slot |
11 | machines under this paragraph if the requested decrease |
12 | exceeds 2% of the total number of slot machines in operation |
13 | at a licensed facility. Except as provided under paragraph |
14 | (20), at no time shall the number of slot machines in |
15 | operation at a Category 1 or Category 2 licensed facility be |
16 | less than 1,500 or less than 250 slot machines at a Category |
17 | 3 licensed facility. |
18 | (20) Approve, or authorize an employee of the board to |
19 | approve, a temporary reduction in the number of slot machines |
20 | in operation at a licensed facility under the following |
21 | circumstances: |
22 | (i) For the duration of any renovation, remodeling |
23 | or modification of an area of a licensed facility where |
24 | slot machines are located. |
25 | (ii) To enable the licensed facility to respond to |
26 | an emergency. |
27 | (21) Authorize, in its discretion, a slot machine |
28 | licensee to conduct slot machine tournaments and adopt |
29 | regulations governing the conduct of such tournaments. |
30 | Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of |
|
1 | Title 4 are amended to read: |
2 | § 1208. Collection of fees and fines. |
3 | The board has the following powers and duties: |
4 | (1) To levy and collect fees from the various |
5 | applicants, licensees and permittees to fund the operations |
6 | of the board. [The] Unless otherwise provided in this part, |
7 | the fees shall be deposited into the State Gaming Fund as |
8 | established in section 1403 (relating to establishment of |
9 | State Gaming Fund and net slot machine revenue distribution) |
10 | and distributed to the board upon appropriation by the |
11 | General Assembly. In addition to the fees set forth in |
12 | sections 1209 (relating to slot machine license fee) and 1305 |
13 | (relating to Category 3 slot machine license), the board |
14 | shall assess and collect fees as follows: |
15 | (i) Supplier licensees shall pay [a]: |
16 | (A) A fee of $25,000 upon the issuance of a |
17 | license [and $10,000 for the annual renewal of a |
18 | supplier license.] to supply slot machines or |
19 | associated equipment used in connection with slot |
20 | machines. |
21 | (B) A fee of $25,000 upon the issuance of a |
22 | license to supply table game devices or associated |
23 | equipment used in connection with table games or |
24 | table game devices. |
25 | (C) A fee of $15,000 for the annual renewal of |
26 | the appropriate supplier license. Upon the extension |
27 | of the renewal period under section 1317(c)(1) |
28 | (relating to supplier licenses), the fee shall be |
29 | $45,000 for the renewal. |
30 | (D) Notwithstanding the fees established under |
|
1 | clauses (B) and (C), the board may modify the fees |
2 | upon the board's determination that the fees will |
3 | unreasonably limit the availability of table game |
4 | devices or associated equipment used in connection |
5 | with table games or table game devices in this |
6 | Commonwealth. |
7 | (ii) Manufacturer licensees shall pay [a]: |
8 | (A) A fee of $50,000 upon the issuance of a |
9 | license [and $25,000 for the annual renewal of a |
10 | manufacturer license.] to manufacture slot machines |
11 | and associated equipment used in connection with slot |
12 | machines. |
13 | (B) A fee of $50,000 upon the issuance of a |
14 | license to manufacture table game devices or |
15 | associated equipment used in connection with table |
16 | games or table game devices. |
17 | (C) A fee of $30,000 for the annual renewal of |
18 | the appropriate manufacturer license. Upon the |
19 | extension of the renewal period under section |
20 | 1317.1(c)(1) (relating to manufacturer licenses), the |
21 | fee shall be $90,000 for the renewal. |
22 | (D) Notwithstanding the fees established under |
23 | clauses (B) and (C), the board may modify the fees |
24 | upon the board's determination that the fees will |
25 | unreasonably limit the availability of table game |
26 | devices or associated equipment used in connection |
27 | with table games or table game devices in this |
28 | Commonwealth. |
29 | (iii) Each application for a slot machine license, |
30 | supplier license or manufacturer license must be |
|
1 | accompanied by a nonrefundable fee set by the board for |
2 | the cost of each individual requiring a background |
3 | investigation. The reasonable and necessary costs and |
4 | expenses incurred in any background investigation or |
5 | other investigation or proceeding concerning any |
6 | applicant, licensee, permittee or registrant shall be |
7 | reimbursed to the board by those persons. |
8 | * * * |
9 | § 1209. Slot machine license fee. |
10 | * * * |
11 | (b) Term.--A slot machine license, after payment of the fee, |
12 | shall be in effect unless suspended, revoked or not renewed by |
13 | the board upon good cause consistent with the license |
14 | requirements as provided for in this part. Slot machine |
15 | licensees shall be required to update the information in their |
16 | initial applications annually, and the license of a licensee in |
17 | good standing shall be [updated and] renewed [annually] every |
18 | three years. Nothing in this subsection shall relieve a licensee |
19 | of the affirmative duty to notify the board of any changes |
20 | relating to the status of its license or to any other |
21 | information contained in the application materials on file with |
22 | the board. As to the renewal of a license, except as required in |
23 | subsection (f)(3), no additional license fee pursuant to |
24 | subsection (a) shall be required. |
25 | * * * |
26 | (f) Return of slot machine license fee.-- |
27 | (1) The entire one-time slot machine license fee of |
28 | $50,000,000 for each Category 1 and Category 2 slot machine |
29 | license shall be returned to each licensee in the event |
30 | section 1201 (relating to Pennsylvania Gaming Control Board |
|
1 | established), 1202 (relating to general and specific powers) |
2 | or 1307 (relating to number of slot machine licenses) is |
3 | amended or otherwise altered by an act of the General |
4 | Assembly, within five years following the [initial issuance |
5 | of any slot machine licenses pursuant to section 1301 |
6 | (relating to authorized slot machine licenses)] date |
7 | established by the board as the deadline for the initial |
8 | submission of Category 1 and Category 2 slot machine license |
9 | applications, to change: |
10 | (i) the composition of the board; |
11 | (ii) the number or voting powers of members of the |
12 | board; |
13 | (iii) the manner in which members are nominated or |
14 | appointed to the board; |
15 | (iv) the length of term for which each member |
16 | serves; |
17 | (v) the general jurisdiction of the board in a |
18 | manner that impairs or otherwise reduces the board's |
19 | licensing authority; or |
20 | (vi) section 1307 to increase the statutory maximum |
21 | number of permissible Category 1 or Category 2 licensed |
22 | facilities. |
23 | (2) In the event that [this part is amended or otherwise |
24 | altered by an act of] the General Assembly [as] acts in the |
25 | manner described [pursuant to] in paragraph (1): |
26 | (i) In the sixth year following the [initial |
27 | issuance of any slot machine licenses pursuant to section |
28 | 1301] date established by the board as the deadline for |
29 | the initial submission of Category 1 and Category 2 slot |
30 | machine license applications, a Category 1 and Category 2 |
|
1 | slot machine licensee shall be entitled to a partial |
2 | return of the one-time slot machine license fee in the |
3 | amount of $41,666,667. |
4 | (ii) In the seventh 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 $33,333,334. |
8 | (iii) In the eighth year, [the] each Category 1 and |
9 | Category 2 slot machine licensee shall be entitled to a |
10 | partial return of the one-time slot machine license fee |
11 | in the amount of $25,000,000. |
12 | (iv) In the ninth year, [the] each Category 1 and |
13 | Category 2 slot machine licensee shall be entitled to a |
14 | partial return of the one-time slot machine license fee |
15 | in the amount of $16,666,668. |
16 | (v) In the tenth year, [the] each Category 1 and |
17 | Category 2 slot machine licensee shall be entitled to a |
18 | partial return of the one-time machine license fee in the |
19 | amount of $8,333,334. |
20 | (2.1) In the event that the [action] General Assembly |
21 | acts in the manner described in paragraph (1) [occurs] after |
22 | the expiration of ten years, [the licensee] Category 1 and |
23 | Category 2 slot machine licensees shall not be entitled to a |
24 | return of any portion of the one-time slot machine license |
25 | fee. Notwithstanding the foregoing, no slot machine licensee |
26 | shall be entitled to the return of any portion of the fee as |
27 | a result of any act of the General Assembly insofar as it |
28 | implements a recommendation made by the board pursuant to a |
29 | qualified majority vote. In the event a full or partial |
30 | return of the slot machine license fee imposed pursuant to |
|
1 | subsection (a) becomes due pursuant to this subsection, the |
2 | amount to be returned to any slot machine licensee shall be |
3 | reduced on a dollar-for-dollar basis by the total accumulated |
4 | tax credits granted to such licensee pursuant to subsection |
5 | (c). In no event shall the total amount of the slot machine |
6 | license fee returned to a Category 1 or Category 2 licensee, |
7 | combined with the total tax credits granted, exceed the |
8 | amounts set forth in this subsection for any licensee. The |
9 | total or partial return of the slot machine license fee shall |
10 | extinguish a licensee's right to claim any further tax |
11 | credits pursuant to subsection (c) and to make any future |
12 | claim for the return of the slot machine license fee. |
13 | (3) Within ten days following a determination that a |
14 | slot machine licensee is entitled to the return of any |
15 | portion of the slot machine license fee paid by the slot |
16 | machine licensee based on the provisions of this section or |
17 | based on the contract executed by the slot machine licensee |
18 | and the department under subsection (c), the board shall |
19 | immediately assess a one-time slot machine license renewal |
20 | fee on the slot machine licensee in an amount equal to the |
21 | amount of the fee returned to the slot machine licensee. The |
22 | renewal fee shall be paid by the slot machine licensee within |
23 | two business days following the return of the initial fee. |
24 | § 1210. Number of slot machines. |
25 | (a) Initial complement.--Except as provided for Category 3 |
26 | slot machine licensees under section 1305 (relating to Category |
27 | 3 slot machine license), [all] the following apply: |
28 | (1) All slot machine licensees shall be permitted to |
29 | operate up to 3,000 slot machines at any one licensed |
30 | facility [and]. |
|
1 | (2) Each slot machine licensee shall be required to |
2 | operate and make available to play a minimum of 1,500 slot |
3 | machines at [any one] its licensed facility within one year |
4 | of the issuance by the board of a slot machine license |
5 | [unless otherwise extended by the] to the slot machine |
6 | licensee. The board, upon application and for good cause |
7 | shown, may grant an extension for an additional period [not |
8 | to exceed 24 months] ending on the later of 36 months from |
9 | the end of the initial one-year period or December 31, 2012. |
10 | (b) Additional slot machines.--Except as provided for |
11 | Category 3 slot machine licensees under section 1305, six months |
12 | following the date of commencement of slot machine operations, |
13 | the board may permit a slot machine licensee to install and |
14 | operate up to 2,000 additional slot machines at its licensed |
15 | facility, beyond those machines [authorized] permitted under |
16 | subsection (a), upon application by the slot machine licensee. |
17 | The board, in considering such an application, shall take into |
18 | account the appropriateness of the physical space where the |
19 | additional slot machines will be located and the convenience of |
20 | the public attending the facility. The board may also take into |
21 | account the potential benefit to economic development, |
22 | employment and tourism, enhanced revenues to the Commonwealth |
23 | and other economic indicators it deems applicable in making its |
24 | decision. |
25 | [(c) Limitation.--For the two and one-half years following |
26 | the beginning of slot machine operations at the licensed |
27 | facility, no licensed gaming entity may make available for play |
28 | by its patrons at its licensed facility more than 50% of slot |
29 | machines from the same manufacturer or its affiliate, |
30 | intermediary, subsidiary or holding company. The provisions of |
|
1 | this subsection shall not apply to machines purchased pursuant |
2 | to a contract or order executed by a conditional Category 1 or |
3 | Category 1 slot machine licensee prior to October 20, 2006.] |
4 | Section 9. Section 1211(a) of Title 4 is amended and the |
5 | section is amended by adding subsections to read: |
6 | § 1211. Reports of board. |
7 | (a) Report of board.--Eighteen months after the effective |
8 | date of this part and every year on that date thereafter, the |
9 | board shall issue a report to the Governor and each member of |
10 | the General Assembly on the general operation of the board and |
11 | each slot machine licensee's performance, including, but not |
12 | limited to, number and win per slot machine and total gross |
13 | terminal revenue at each licensed [facilities] facility during |
14 | the previous year, all taxes, fees, fines and other revenues |
15 | collected and, where appropriate, disbursed, the costs of |
16 | operation of the board, all hearings conducted and the results |
17 | of the hearings and other information that the board deems |
18 | necessary and appropriate. |
19 | (a.1) Additional reporting requirements.--No later than 12 |
20 | months after the effective date of Chapter 13A (relating to |
21 | table games) and every year thereafter, the annual report |
22 | submitted by the board shall include information on the conduct |
23 | of table games as follows: |
24 | (1) Total gross table game revenue. |
25 | (2) The number and win by type of table game at each |
26 | licensed facility during the previous year. |
27 | (3) All taxes, fees, fines and other revenue collected |
28 | and where appropriate revenue disbursed during the previous |
29 | year. The department shall collaborate with the board to |
30 | carry out the requirements of this paragraph. |
|
1 | (4) Other information related to the conduct of table |
2 | games. |
3 | The board may require certificate holders to provide information |
4 | to the board to assist in the preparation of the report. |
5 | (a.2) Facility responsibility.--Each Category 1 licensed |
6 | facility shall provide: |
7 | (1) An annual report to the board and to the respective |
8 | racing commission summarizing how the introduction and |
9 | expansion of gaming has fulfilled the intent of this part to |
10 | enhance live racing at the licensed racetrack. |
11 | (2) Plans to promote live racing and increase live |
12 | handle and daily attendance at the licensed racetrack in the |
13 | upcoming year. |
14 | (a.3) Expenses.--Beginning 30 days after the effective date |
15 | of this subsection, the board shall post within 45 days after |
16 | the end of each month on its Internet website a list of all the |
17 | itemized expenses of employees and members for that month that |
18 | were or are to be reimbursed from the assessments made by the |
19 | department under section 1402(a) (relating to gross terminal |
20 | revenue deductions) and all itemized expenses of employees of |
21 | the department and the Office of Attorney General and troopers |
22 | and employees of the Pennsylvania State Police for the preceding |
23 | month that were or are to be reimbursed from such assessments. |
24 | The list shall identify the nature of the expense, the employee, |
25 | member or the agency and employee of the agency to which an |
26 | expense is attributable. If the expense is directly attributable |
27 | to or paid by a licensed gaming entity, the list shall identify |
28 | the licensed gaming entity and if the expense was charged to the |
29 | licensed gaming entity. By October 1 of each year, a final |
30 | report of all expenses described in this subsection for the |
|
1 | preceding fiscal year shall be posted on the board's Internet |
2 | website and shall be submitted to the Appropriations Committee |
3 | of the Senate, the Community, Economic and Recreational |
4 | Development Committee of the Senate, the Appropriations |
5 | Committee of the House of Representatives and the Gaming |
6 | Oversight Committee of the House of Representatives. Information |
7 | posted on the Internet website pursuant to this subsection shall |
8 | be financial records for the purposes of and subject to |
9 | redaction under the act of February 14, 2008 (P.L.6, No.3), |
10 | known as the Right-to-Know Law. The board, the department, the |
11 | Office of Attorney General and the Pennsylvania State Police |
12 | shall collaborate to develop a uniform system that will enable |
13 | the board to carry out the requirements of this subsection. |
14 | * * * |
15 | (e) Submission of reports.--Notwithstanding any other |
16 | provision of this part, all annual reports or studies of the |
17 | board required to be submitted to the General Assembly under |
18 | this part after the effective date of this subsection shall be |
19 | submitted by October 1, 2010, and by October 1 of each year |
20 | thereafter. |
21 | Section 10. Sections 1212 and 1213 of Title 4 are amended to |
22 | read: |
23 | § 1212. Diversity goals of board. |
24 | (a) Intent.--It is the intent and goal of the General |
25 | Assembly that the board promote and ensure diversity in all |
26 | aspects of the gaming activities authorized under this part. The |
27 | board shall work to enhance the representation of diverse groups |
28 | in [the]: |
29 | (1) The ownership[, participation and operation] of |
30 | licensed entities [and licensed facilities] in this |
|
1 | Commonwealth [and through the]. |
2 | (2) The ownership[, participation and operation] of |
3 | business enterprises associated with or utilized by licensed |
4 | entities [and licensed facilities] and through the provision |
5 | of goods and services utilized by slot machine licensees |
6 | under this part. |
7 | (3) The operation of licensed entities and the conduct |
8 | of gaming in this Commonwealth by ensuring licensed entities |
9 | promote the participation of diverse groups by affording |
10 | equal access to employment opportunities, including key |
11 | employee, gaming employee, and nongaming employee positions. |
12 | (4) The operation of business enterprises associated |
13 | with or utilized by licensed entities, including business |
14 | enterprises that provide goods, property and services |
15 | utilized by slot machine licensees in this Commonwealth by |
16 | ensuring these business enterprises promote the participation |
17 | of diverse groups by affording equal access to employment |
18 | opportunities. |
19 | (5) The construction, renovation or reconstruction of a |
20 | licensed facility by ensuring that all contracts and |
21 | subcontracts to be awarded relating to the construction, |
22 | renovation or reconstruction of a licensed facility contain |
23 | adequate provisions ensuring all contractors or |
24 | subcontractors and assignees will promote the participation |
25 | of diverse groups in any proposed construction, renovation or |
26 | reconstruction project by affording equal access to |
27 | employment opportunities. |
28 | (6) The rendering of professional services to licensed |
29 | entities by ensuring licensed entities promote the |
30 | participation of diverse groups by affording equal access to |
|
1 | professional service contractual opportunities. |
2 | (a.1) Reports by licensees.--Each slot machine licensee |
3 | shall submit a quarterly report to the board describing |
4 | activities undertaken at its licensed facility related to the |
5 | development and implementation of its diversity plan in |
6 | accordance with section 1325 (relating to license or permit |
7 | issuance) during the prior quarter. At a minimum, the quarterly |
8 | reports shall contain a summary of: |
9 | (1) All employee recruitment and retention efforts |
10 | undertaken to ensure the participation of diverse groups in |
11 | employment with the slot machine licensee. |
12 | (2) The total number of hires and employment offers |
13 | made, including data relating to the race, gender and |
14 | residence of those hired or offered employment. |
15 | (3) All contracting and subcontracting data involving |
16 | the slot machine licensee and minority-owned business |
17 | enterprises and women-owned business enterprises. |
18 | (4) Any other information deemed relevant or necessary |
19 | by the board to assess the slot machine licensee's diversity |
20 | plan. |
21 | (b) [Investigations] Annual review.--The board [is |
22 | authorized to investigate and] shall conduct an annual [study to |
23 | ascertain] review of each slot machine licensee's activities |
24 | related to the implementation of its diversity plan in order to |
25 | evaluate whether the slot machine licensee has taken effective |
26 | and meaningful action [has been taken or will be taken to |
27 | enhance the] to implement a diversity plan and whether the |
28 | licensee's plan and any other actions taken have achieved or |
29 | will achieve the Commonwealth's goal of enhanced representation |
30 | of diverse groups in the [ownership, participation and operation |
|
1 | of licensed facilities in this Commonwealth, through the |
2 | ownership and operation of business enterprises associated with |
3 | or utilized by slot machine licensees, through the provision of |
4 | goods and services utilized by slot machine licensees and |
5 | through employment opportunities] gaming industry as set forth |
6 | in subsection (a). |
7 | (c) Completion of investigation.--The [first study] review |
8 | required under subsection (b) shall be completed six months |
9 | following the effective date of this [part] section, if |
10 | practically possible, and annually thereafter and shall contain |
11 | recommendations which the board determines appropriate. Each |
12 | review shall contain, at a minimum, a descriptive summary of the |
13 | following relating to each slot machine licensee's licensed |
14 | facility: |
15 | (1) Employee recruitment and retention programs designed |
16 | to ensure the participation of diverse groups. |
17 | (2) The total number of hires and employment offers |
18 | made, including data relating to the race, gender and |
19 | residence of individuals hired or offered employment. |
20 | (3) Minority-owned business enterprise and women-owned |
21 | business enterprise contracting and subcontracting data. |
22 | (d) Facility responsibility.--Each slot machine licensee |
23 | shall provide information as required by the board to enable the |
24 | board to complete the reviews required under subsection (b). |
25 | (e) Definition.--As used in this section, the term |
26 | "professional services" means those services rendered to a slot |
27 | machine licensee which relate to a licensed facility in this |
28 | Commonwealth, including, but not limited to: |
29 | (1) Legal services. |
30 | (2) Advertising or public relations services. |
|
1 | (3) Engineering services. |
2 | (4) Architectural, landscaping or surveying services. |
3 | (5) Accounting, auditing or actuarial services. |
4 | (6) Security consultant services. |
5 | (7) Computer and information technology services, except |
6 | telephone service. |
7 | (8) Insurance underwriting services. |
8 | § 1213. License or permit prohibition. |
9 | [No applicant for a license or permit under this part, |
10 | including principals and key employees,] The following apply: |
11 | (1) The board shall be prohibited from granting a |
12 | principal license or a key employee license to an individual |
13 | who has been convicted of a felony [or gambling] offense in |
14 | any jurisdiction [shall be issued a license or permit unless |
15 | 15 years has elapsed from the date of expiration of the |
16 | sentence for the offense]. |
17 | (2) [When determining whether to issue a license or |
18 | permit to an applicant who has been convicted in any |
19 | jurisdiction of a felony or gambling offense,] In addition to |
20 | the prohibition under paragraph (1), the board shall be |
21 | prohibited from granting the following: |
22 | (i) A principal license or key employee license to |
23 | an individual who has been convicted in any jurisdiction |
24 | of a misdemeanor gambling offense, unless 15 years have |
25 | elapsed from the date of conviction for the offense. |
26 | (ii) A gaming employee permit or a license other |
27 | than a principal license or key employee license to an |
28 | individual who has been convicted in any jurisdiction of |
29 | a felony offense or of a misdemeanor gambling offense, |
30 | unless 15 years have elapsed from the date of conviction |
|
1 | for the offense. |
2 | (3) Following the expiration of any prohibition period |
3 | applicable to an applicant under paragraph (2), in |
4 | determining whether to issue a license or permit, the board |
5 | shall consider the following factors: |
6 | [(1)] (i) The nature and duties of the applicant's |
7 | position with the licensed entity. |
8 | [(2)] (ii) The nature and seriousness of the offense |
9 | or conduct. |
10 | [(3)] (iii) The circumstances under which the |
11 | offense or conduct occurred. |
12 | [(4)] (iv) The age of the applicant when the offense |
13 | or conduct was committed. |
14 | [(5)] (v) Whether the offense or conduct was an |
15 | isolated or a repeated incident. |
16 | [(6)] (vi) Any evidence of rehabilitation, including |
17 | good conduct in the community, counseling or psychiatric |
18 | treatment received and the recommendation of persons who |
19 | have substantial contact with the applicant. |
20 | (4) For purposes of this section, a felony offense is |
21 | any of the following: |
22 | (i) An offense punishable under the laws of this |
23 | Commonwealth by imprisonment for more than five years. |
24 | (ii) An offense which, under the laws of another |
25 | jurisdiction, is: |
26 | (A) classified as a felony; or |
27 | (B) punishable by imprisonment for more than |
28 | five years. |
29 | (iii) An offense under the laws of another |
30 | jurisdiction which, if committed in this Commonwealth, |
|
1 | would be subject to imprisonment for more than five |
2 | years. |
3 | Section 10.1. Title 4 is amended by adding a section to |
4 | read: |
5 | § 1214. Specific authority to suspend slot machine license. |
6 | (a) Conditions.--Any slot machine licensee that is required |
7 | as a condition of licensure to make payments to a municipality, |
8 | municipal authority or other entity for an economic development |
9 | project, including any project enumerated in the act of July 25, |
10 | 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic |
11 | Development and Tourism Fund Capital Budget Itemization Act of |
12 | 2007, shall, within 30 days of the effective date of this |
13 | section or within 30 days following licensure, whichever is |
14 | later, enter into a written agreement with the municipality, |
15 | municipal authority or other entity. The written agreement shall |
16 | establish and govern the terms of the required payments, |
17 | including the amounts of each payment, the date on which each |
18 | payment shall be made and the duration of the payments. |
19 | (b) Failure to meet conditions.--If a slot machine licensee |
20 | fails to enter into a written agreement as required by |
21 | subsection (a), the board may take any action it deems |
22 | necessary. An action taken by the board shall remain in effect |
23 | until the slot machine licensee satisfies the board that it has |
24 | entered into the written agreement required by subsection (a). |
25 | (c) Failure to comply with written agreement.--If a slot |
26 | machine licensee is in default with respect to a payment |
27 | obligation contained in a written agreement required by |
28 | subsection (a), the board may take any action it deems |
29 | necessary. An action taken by the board shall remain in effect |
30 | until the slot machine licensee satisfies the board that it is |
|
1 | in compliance with the terms of the written agreement. |
2 | (d) Other remedies applicable.--Nothing in this section |
3 | shall prohibit the board from taking any additional action, |
4 | including suspension or revocation of the slot machine |
5 | licensee's license, appointing a trustee under section 1332, or |
6 | imposing any other sanction permitted by this part against a |
7 | slot machine licensee who violates the provisions of this |
8 | section. |
9 | Section 10.2. Sections 1304(b), 1305 and 1307 of Title 4 are |
10 | amended to read: |
11 | § 1304. Category 2 slot machine license. |
12 | * * * |
13 | (b) Location.-- |
14 | (1) Two Category 2 licensed facilities and no more shall |
15 | be located by the board within a city of the first class, and |
16 | one Category 2 licensed facility and no more shall be located |
17 | by the board within a city of the second class. No Category 2 |
18 | licensed facility located by the board within a city of the |
19 | first class shall be within ten linear miles of a Category 1 |
20 | licensed facility regardless of the municipality where the |
21 | Category 1 licensed facility is located. Except for any |
22 | Category 2 licensed facility located by the board within a |
23 | city of the first class or a city of the second class, no |
24 | Category 2 licensed facility shall be located within 30 |
25 | linear miles of any Category 1 licensed facility that has |
26 | conducted over 200 racing days per year for the two calendar |
27 | years immediately preceding the effective date of this part |
28 | and not within 20 linear miles of any other Category 1 |
29 | licensed facility. Except for any Category 2 licensed |
30 | facility located by the board within a city of the first |
|
1 | class, no Category 2 licensed facility shall be located |
2 | within 20 linear miles of another Category 2 licensed |
3 | facility. |
4 | (2) Within five days of approving a license for an |
5 | applicant with a proposed licensed facility consisting of |
6 | land designated a subzone, an expansion subzone or an |
7 | improvement subzone under the Keystone Opportunity Zone, |
8 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
9 | Improvement Zone Act for a slot machine license under this |
10 | section, the board shall notify the Department of Community |
11 | and Economic Development. The notice shall include a |
12 | description of the land of the proposed licensed facility |
13 | which is designated a subzone, an expansion subzone or an |
14 | improvement subzone. Within five days of receiving the notice |
15 | required by this paragraph, the Secretary of Community and |
16 | Economic Development shall decertify the land of the proposed |
17 | licensed facility as being a subzone, an expansion subzone or |
18 | an improvement subzone. Upon decertification in accordance |
19 | with this paragraph and notwithstanding Chapter 3 of the |
20 | Keystone Opportunity Zone, Keystone Opportunity Expansion |
21 | Zone and Keystone Opportunity Improvement Zone Act, a |
22 | political subdivision may amend the ordinance, resolution or |
23 | other required action which granted the exemptions, |
24 | deductions, abatements or credits required by the Keystone |
25 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
26 | Keystone Opportunity Improvement Zone Act to repeal the |
27 | exemptions, deductions, abatements or credits for the land |
28 | decertified. |
29 | (3) Notwithstanding any other provision of law, the |
30 | governing body of a city of the first class shall not exempt |
|
1 | from real property taxation or provide any real property tax |
2 | abatement under the act of December 1, 1977 (P.L.237, No.76), |
3 | known as the Local Economic Revitalization Tax Assistance |
4 | Act, to a Category 2 licensed facility located within the |
5 | city, or any improvements to such facility, unless the owner |
6 | of the licensed facility enters into or has entered into a |
7 | tax settlement agreement or payment in lieu of taxes |
8 | agreement with the city, including any amendments, |
9 | supplements or modifications of such agreements. |
10 | § 1305. Category 3 slot machine license. |
11 | (a) Eligibility.-- |
12 | (1) A person may be eligible to apply for a Category 3 |
13 | slot machine license if the applicant, its affiliate, |
14 | intermediary, subsidiary or holding company has not applied |
15 | for or been approved or issued a Category 1 or Category 2 |
16 | slot machine license and the person is seeking to locate a |
17 | Category 3 licensed facility in a well-established resort |
18 | hotel having no fewer than 275 guest rooms under common |
19 | ownership and having substantial year-round recreational |
20 | guest amenities. The applicant for a Category 3 license shall |
21 | be the owner or be a wholly owned subsidiary of the owner of |
22 | the [established] well-established resort hotel. A Category 3 |
23 | license may only be granted upon the express condition that |
24 | an individual may not enter a gaming area of the [licensee] |
25 | licensed facility if the individual is not [a registered |
26 | overnight guest of the established resort hotel or if the |
27 | individual is not a patron of one or more of the amenities |
28 | provided by the established resort hotel.] any of the |
29 | following: |
30 | (i) A registered overnight guest of the well- |
|
1 | established resort hotel. |
2 | (ii) A patron of one or more of the amenities |
3 | provided by the well-established resort hotel. |
4 | (iii) An authorized employee of the slot machine |
5 | licensee, of a gaming service provider, of the board or |
6 | of any regulatory, emergency response or law enforcement |
7 | agency while engaged in the performance of the employee's |
8 | duties. |
9 | (iv) An individual holding a valid membership |
10 | approved in accordance with paragraph (1.1) or a guest of |
11 | such individual. |
12 | (1.1) The board may approve a seasonal or year-round |
13 | membership that allows an individual to use one or more of |
14 | the amenities provided by the well-established resort hotel |
15 | holding a Category 3 slot machine license. The membership |
16 | shall allow the member and one guest to enter the gaming |
17 | floor at any time as long as the guest is accompanied by the |
18 | individual owning or holding the membership. The board shall |
19 | base its approval of a membership on all of the following: |
20 | (i) The duration of the membership. |
21 | (ii) The amenity covered by the membership. |
22 | (iii) Whether the fee charged for the membership |
23 | represents the fair market value for the use of the |
24 | amenity. |
25 | (2) Notwithstanding section 1512(a) and (a.1) (relating |
26 | to public official financial interest), if at the time of |
27 | application an applicant has terminated public office or |
28 | employment as an executive-level public employee within the |
29 | last calendar year, the applicant shall be eligible to apply |
30 | for a slot machine license under this section but may not be |
|
1 | issued a license until one year following the date of |
2 | termination as a public official or executive-level public |
3 | employee. An application submitted in accordance with this |
4 | paragraph shall not constitute a violation of section 1512(a) |
5 | or (a.1). |
6 | (3) If the person seeking a slot machine license |
7 | proposes to place the licensed facility upon land designated |
8 | a subzone, an expansion subzone or an improvement subzone |
9 | under the act of October 6, 1998 (P.L.705, No.92), known as |
10 | the Keystone Opportunity Zone, Keystone Opportunity Expansion |
11 | Zone and Keystone Opportunity Improvement Zone Act, the |
12 | person shall, at any time prior to the application being |
13 | approved, submit a statement waiving the exemptions, |
14 | deductions, abatements or credits granted under the Keystone |
15 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
16 | Keystone Opportunity Improvement Zone Act if the board |
17 | approves the application. |
18 | (b) Location.--The following shall apply: |
19 | (1) [No] Except as provided in paragraph (1.1), no |
20 | Category 3 license shall be located by the board within 15 |
21 | linear miles of another licensed facility. |
22 | (1.1) A Category 3 license established on or after July |
23 | 20, 2017, shall not be located by the board within 30 linear |
24 | miles of another licensed facility. |
25 | (2) Within five days of approving a license for an |
26 | applicant with a proposed licensed facility consisting of |
27 | land designated a subzone, an expansion subzone or an |
28 | improvement subzone under the Keystone Opportunity Zone, |
29 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
30 | Improvement Zone Act for a slot machine license under this |
|
1 | section, the board shall notify the Department of Community |
2 | and Economic Development. The notice shall include a |
3 | description of the land of the proposed licensed facility |
4 | which is designated a subzone, an expansion subzone or an |
5 | improvement subzone. Within five days of receiving the notice |
6 | required by this paragraph, the Secretary of Community and |
7 | Economic Development shall decertify the land of the proposed |
8 | license facility as being a subzone, an expansion subzone or |
9 | an improvement subzone. Upon decertification in accordance |
10 | with this paragraph and notwithstanding Chapter 3 of the |
11 | Keystone Opportunity Zone, Keystone Opportunity Expansion |
12 | Zone and Keystone Opportunity Improvement Zone Act, a |
13 | political subdivision may amend the ordinance, resolution or |
14 | other required action which granted the exemptions, |
15 | deductions, abatements or credits required by the Keystone |
16 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
17 | Keystone Opportunity Improvement Zone Act to repeal the |
18 | exemptions, deductions, abatements or credits for the land |
19 | decertified. |
20 | (c) Number of slot machines.--Notwithstanding the number of |
21 | permissible slot machines as set forth in section 1210 (relating |
22 | to number of slot machines), a Category 3 license granted under |
23 | the provisions of this section shall entitle the licensed entity |
24 | to operate no more than 500 slot machines at the licensed |
25 | facility, provided, however, a Category 3 slot machine licensee |
26 | holding a table game operation certificate shall be entitled to |
27 | operate no more than 600 slot machines at its licensed facility. |
28 | (d) Category 3 license fee.--[Notwithstanding the one-time |
29 | slot machine license fee as set forth in section 1209 (relating |
30 | to slot machine license fee), the] The board shall impose a one- |
|
1 | time Category 3 license fee to be paid by each successful |
2 | applicant in the amount of $5,000,000 to be deposited in the |
3 | State Gaming Fund. The provisions of section [1209 relating to |
4 | term, credit against tax for slot machine licensees, deposit of |
5 | license fee and change of ownership or control of a license |
6 | shall be applicable] 1209(b), (c), (d) and (e) shall apply to a |
7 | Category 3 [license fee] licensee. |
8 | (e) Definitions.--For the purpose of subsection (a), the |
9 | following words and phrases shall have the meaning given to them |
10 | in this subsection: |
11 | "Amenities." Any ancillary activities, services or |
12 | facilities in which a registered guest or the transient public, |
13 | in return for non-de minimis consideration as defined by board |
14 | regulation, may participate at a well-established resort hotel, |
15 | including, but not limited to, sports and recreational |
16 | activities and facilities such as a golf course or golf driving |
17 | range, tennis courts or swimming pool; health spa; convention, |
18 | meeting and banquet facilities; entertainment facilities; and |
19 | restaurant facilities. |
20 | "Patron of the amenities." Any individual who is a |
21 | registered attendee of a convention, meeting or banquet event or |
22 | a participant in a sport or recreational event or any other |
23 | social, cultural or business event held at a resort hotel or who |
24 | participates in one or more of the amenities provided to |
25 | registered guests of the well-established resort hotel. |
26 | § 1307. Number of slot machine licenses. |
27 | The board may license no more than seven Category 1 licensed |
28 | facilities and no more than five Category 2 licensed facilities, |
29 | as it may deem appropriate, as long as two, and not more, |
30 | Category 2 [licenses] licensed facilities are located by the |
|
1 | board within the city of the first class and that one, and not |
2 | more, Category 2 licensed facility is located by the board |
3 | Within the city of the second class. The board may at its |
4 | discretion increase the total number of Category 2 licensed |
5 | facilities permitted to be licensed by the board by an amount |
6 | not to exceed the total number of Category 1 licenses not |
7 | applied for within five years following the effective date of |
8 | this part. Except as permitted by section 1328 (relating to |
9 | change in ownership or control of slot machine licensee), any |
10 | Category 1 license may be reissued by the board at its |
11 | discretion as a Category 2 license if an application for |
12 | issuance of such license has not been made to the board. The |
13 | board may license no more than [two] three Category 3 Licensed |
14 | facilities. |
15 | Section 10.3. Sections 1308 and 1309 of Title 4 are amended |
16 | by adding subsections to read: |
17 | § 1308. Applications for license or permit. |
18 | * * * |
19 | (a.1) Submission of information.--An applicant for a license |
20 | or permit under this part shall disclose in the application all |
21 | arrests of the applicant and all citations issued to the |
22 | applicant for non-traffic summary offenses. The information |
23 | shall include: |
24 | (1) A brief description of the circumstances surrounding |
25 | the arrest or issuance of the citation. |
26 | (2) The specific offense charged. |
27 | (3) The ultimate disposition of the charge, including |
28 | the details of any dismissal, plea bargain, conviction, |
29 | sentence, pardon, expungement or order of Accelerated |
30 | Rehabilitative Disposition. |
|
1 | No applicant shall be required to provide documentation relating |
2 | to any summary offense. Failure of the bureau to recover records |
3 | of a summary offense shall not be grounds for denying an |
4 | application. |
5 | * * * |
6 | § 1309. Slot machine license application. |
7 | * * * |
8 | (a.1) Table games information.-- |
9 | (1) An applicant for a slot machine license may submit |
10 | with its application all information required under Chapter |
11 | 13A (relating to table games) and request that the board |
12 | consider its application for a slot machine license and a |
13 | table game operation certificate concurrently. All fees for a |
14 | table game operation certificate shall be paid by the |
15 | applicant in accordance with section 1361A (relating to table |
16 | game authorization fee). |
17 | (2) The board shall permit any applicant for a slot |
18 | machine license that has an application pending before the |
19 | board on the effective date of this subsection to supplement |
20 | its application with all information required under Chapter |
21 | 13A and to request that the board consider its application |
22 | for a slot machine license and a table game operation |
23 | certificate concurrently. All fees for a table game operation |
24 | certificate shall be paid by the applicant in accordance with |
25 | section 1361A. |
26 | * * * |
27 | Section 10.4. Section 1310 of Title 4 is amended to read: |
28 | § 1310. Slot machine license application character |
29 | requirements. |
30 | (a) Application.-- |
|
1 | (1) Every application for a slot machine license shall |
2 | include such information, documentation and assurances as may |
3 | be required to establish by clear and convincing evidence the |
4 | applicant's suitability, including good character, honesty |
5 | and integrity. Information shall include, without limitation, |
6 | information pertaining to family, habits, character, |
7 | reputation, criminal history background, business activities, |
8 | financial affairs and business, professional and personal |
9 | associates, covering at least the ten-year period immediately |
10 | preceding the filing date of the application. |
11 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
12 | use of records by licensing agencies), in addition to the |
13 | information submitted under section 1308(a.1) (relating to |
14 | applications for license or permit), a conviction that has |
15 | been expunged or overturned, or for which a person has been |
16 | pardoned or an order of Accelerated Rehabilitative |
17 | Disposition has been issued, shall be included with an |
18 | application and considered by the board as part of the review |
19 | of the applicant's suitability under paragraph (1). |
20 | (b) Civil judgments and law enforcement agency |
21 | information.--Each applicant shall notify the board of any civil |
22 | judgments obtained against the applicant pertaining to antitrust |
23 | or security regulation laws of the Federal Government, this |
24 | Commonwealth or any other state, jurisdiction, province or |
25 | country. In addition, each applicant shall produce a letter of |
26 | reference from law enforcement agencies having jurisdiction in |
27 | the applicant's place of residence and principal place of |
28 | business, which letter of reference shall indicate that the law |
29 | enforcement agencies do not have any pertinent information |
30 | concerning the applicant or, if the law enforcement agency does |
|
1 | have information pertaining to the applicant, shall specify the |
2 | nature and content of that information. If no letters are |
3 | received within 30 days of the request, the applicant may submit |
4 | a statement under oath which is subject to the penalty for false |
5 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
6 | that the applicant is or was during the period the activities |
7 | were conducted in good standing with the gaming or casino |
8 | enforcement or control agency. |
9 | (c) Gaming or casino enforcement agency information.--If the |
10 | applicant has held a gaming license in a jurisdiction where |
11 | gaming activities are permitted, the applicant shall produce a |
12 | letter of reference from the gaming or casino enforcement or |
13 | control agency which shall specify the experiences of that |
14 | agency with the applicant, the applicant's associates and the |
15 | applicant's gaming operation. If no letters are received within |
16 | 30 days of the request, the applicant may submit a statement |
17 | under oath which is subject to the penalty for false swearing |
18 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
19 | period the activities were conducted in good standing with the |
20 | gaming or casino enforcement or control agency. |
21 | (d) Agency records.--Each applicant for a slot machine |
22 | license, principal license or key employee license shall be |
23 | required to apply to each Federal agency deemed appropriate by |
24 | the board or bureau for agency records under the Freedom of |
25 | Information Act (Public Law 89-554, 5 U.S.C. § 552) pertaining |
26 | to the applicant and provide the bureau with the complete record |
27 | received from the Federal agency. The board may issue a license |
28 | to the applicant prior to the receipt of information under this |
29 | subsection. |
30 | Section 10.5. Sections 1317(a) and (c)(1) and 1317.1(a), (b) |
|
1 | (5), (c), (d), (d.1) and (e) of Title 4 are amended and the |
2 | sections are amended by adding subsections to read: |
3 | § 1317. Supplier licenses. |
4 | (a) Application.--A manufacturer that elects to contract |
5 | with a supplier under section 1317.1(d.1) (relating to |
6 | manufacturer licenses) shall ensure that the supplier is |
7 | appropriately licensed under this section. A person seeking to |
8 | provide slot machines, table game devices or associated |
9 | equipment to a slot machine licensee within this Commonwealth |
10 | through a contract with a licensed manufacturer shall apply to |
11 | the board for [a] the appropriate supplier license. |
12 | * * * |
13 | (c) Review and approval.--Upon being satisfied that the |
14 | requirements of subsection (b) have been met, the board may |
15 | approve the application and issue the applicant a supplier |
16 | license consistent with all of the following: |
17 | (1) [The license shall be for a period of one year. Upon |
18 | expiration, the license may be renewed in accordance with |
19 | subsection (d)] The initial license shall be for a period of |
20 | one year and if renewed under subsection (d), the license |
21 | shall be for a period of three years. Nothing in this |
22 | paragraph shall relieve a licensee of the affirmative duty to |
23 | notify the board of any changes relating to the status of its |
24 | license or to any information contained in the application |
25 | materials on file with the board. |
26 | * * * |
27 | (c.1) Abbreviated process.--In the event an applicant for a |
28 | supplier license to supply table game devices or associated |
29 | equipment used in connection with table games is licensed by the |
30 | board under this section to supply slot machines or associated |
|
1 | equipment used in connection with slot machines, the board may |
2 | determine to use an abbreviated process requiring only that |
3 | information determined by the board to be necessary to consider |
4 | the issuance of a license to supply table game devices or |
5 | associated equipment used in connection with table games, |
6 | including financial viability of the applicant. Nothing in this |
7 | section shall be construed to waive any fees associated with |
8 | obtaining a license through the normal application process. The |
9 | board may only use the abbreviated process if all of the |
10 | following apply: |
11 | (1) The supplier license was issued by the board within |
12 | a 36-month period immediately preceding the date the supplier |
13 | licensee files an initial application to supply table game |
14 | devices or associated equipment. |
15 | (2) The person to whom the supplier license was issued |
16 | affirms there has been no material change in circumstances |
17 | 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 | * * * |
23 | § 1317.1. Manufacturer licenses. |
24 | (a) Application.--A person seeking to manufacture slot |
25 | machines, table game devices and associated equipment for use in |
26 | this Commonwealth shall apply to the board for a manufacturer |
27 | license. |
28 | (b) Requirements.--An application for a manufacturer license |
29 | shall be on the form required by the board, accompanied by the |
30 | application fee, and shall include all of the following: |
|
1 | * * * |
2 | (5) The type of slot machines, table game devices or |
3 | associated equipment to be manufactured or repaired. |
4 | * * * |
5 | (c) Review and approval.--Upon being satisfied that the |
6 | requirements of subsection (b) have been met, the board may |
7 | approve the application and grant the applicant a manufacturer |
8 | license consistent with all of the following: |
9 | (1) [The license shall be for a period of one year. Upon |
10 | expiration, a license may be renewed in accordance with |
11 | subsection (d)] The initial license shall be for a period of |
12 | one year and if renewed under subsection (d), the license |
13 | shall be for a period of three years. Nothing in this |
14 | paragraph shall relieve the licensee of the affirmative duty |
15 | to notify the board of any changes relating to the status of |
16 | its license or to any other information contained in |
17 | application materials on file with the board. |
18 | (2) The license shall be nontransferable. |
19 | (3) Any other condition established by the board. |
20 | (c.1) Abbreviated process.--In the event an applicant for a |
21 | manufacturer license to manufacture table game devices or |
22 | associated equipment used in connection with table games is |
23 | licensed by the board under this section to manufacture slot |
24 | machines or associated equipment used in connection with slot |
25 | machines, the board may determine to use an abbreviated process |
26 | requiring only that information determined by the board to be |
27 | necessary to consider the issuance of a license to manufacture |
28 | table game devices or associated equipment used in connection |
29 | with table games, including financial viability of the |
30 | applicant. Nothing in this section shall be construed to waive |
|
1 | any fees associated with obtaining a license through the normal |
2 | application process. The board may only use the abbreviated |
3 | process if all of the following apply: |
4 | (1) The manufacturer license was issued by the board |
5 | within a 36-month period immediately preceding the date the |
6 | manufacturer licensee files an application to manufacture |
7 | table game devices or associated equipment. |
8 | (2) The person to whom the manufacturer license was |
9 | issued affirms there has been no material change in |
10 | circumstances relating to the license. |
11 | (3) The board determines, in its sole discretion, that |
12 | there has been no material change in circumstances relating |
13 | to the licensee that necessitates that the abbreviated |
14 | process not be used. |
15 | (d) Renewal.-- |
16 | (1) [Six] Two months prior to expiration of a |
17 | manufacturer license, the manufacturer licensee seeking |
18 | renewal of its license shall submit a renewal application |
19 | accompanied by the renewal fee to the board. |
20 | (2) If the renewal application satisfies the |
21 | requirements of subsection (b), the board may renew the |
22 | licensee's manufacturer license. |
23 | (3) If the board receives a complete renewal application |
24 | but fails to act upon the renewal application prior to the |
25 | expiration of the manufacturer license, the manufacturer |
26 | license shall continue in effect for an additional six-month |
27 | period or until acted upon by the board, whichever occurs |
28 | first. |
29 | (d.1) Authority.--The following shall apply to a licensed |
30 | manufacturer: |
|
1 | (1) A [licensed] manufacturer or its designee, as |
2 | licensed by the board, may supply or repair any slot machine, |
3 | table game device or associated equipment manufactured by the |
4 | [licensed] manufacturer, provided the manufacturer holds the |
5 | appropriate manufacturer license. |
6 | (2) A manufacturer of slot machines may contract with a |
7 | supplier under section 1317 (relating to supplier licenses) |
8 | to provide slot machines or associated equipment to a slot |
9 | machine licensee within this Commonwealth, provided the |
10 | supplier is licensed to supply slot machines or associated |
11 | equipment used in connection with slot machines. |
12 | (3) A manufacturer may contract with a supplier under |
13 | section 1317 to provide table game devices or associated |
14 | equipment to a certificate holder, provided the supplier is |
15 | licensed to supply table game devices or associated equipment |
16 | used in connection with table games. |
17 | (e) Prohibitions.-- |
18 | (1) No person may manufacture slot machines, table game |
19 | devices or associated equipment for use within this |
20 | Commonwealth by a slot machine licensee unless the person has |
21 | been issued [a] the appropriate manufacturer license under |
22 | this section. |
23 | (2) [No] Except as permitted in section 1323.1A |
24 | (relating to training equipment), no slot machine licensee |
25 | may use slot machines, table game devices or associated |
26 | equipment unless the slot machines, table game devices or |
27 | associated equipment were manufactured by a person that has |
28 | been issued [a] the appropriate manufacturer license under |
29 | this section. |
30 | (3) No person issued a license under this section shall |
|
1 | apply for or be issued a license under section 1317. |
2 | (4) No limitation shall be placed on the number of |
3 | manufacturer licenses issued or the time period to submit |
4 | applications for licensure, except as required to comply with |
5 | section 1306 (relating to order of initial license issuance). |
6 | Section 10.6. Title 4 is amended by adding a section to |
7 | read: |
8 | § 1317.2. Gaming service provider. |
9 | (a) Development of classification system.--The board shall |
10 | develop a classification system governing the certification, |
11 | registration and regulation of gaming service providers and |
12 | individuals and entities associated with them. The |
13 | classification system shall be based upon the following: |
14 | (1) The monetary value or amount of business conducted |
15 | or expected to be conducted by the gaming service provider |
16 | with an applicant for a slot machine licensee or a slot |
17 | machine licensee in any consecutive 12-month period. |
18 | (2) Whether the employees of the gaming service provider |
19 | will have access to the gaming floor or any gaming-related |
20 | restricted area of a licensed facility. |
21 | (3) The board's analysis of the goods or services |
22 | provided or to be provided by the gaming service provider. |
23 | (b) Authority to exempt.--The board may exempt any person or |
24 | type of business from the requirements of this section if the |
25 | board determines: |
26 | (1) the person or type of business is regulated by an |
27 | agency of the Federal Government, an agency of the |
28 | Commonwealth or the Pennsylvania Supreme Court; or |
29 | (2) the regulation of the person or type of business is |
30 | determined not to be necessary in order to protect the public |
|
1 | interest or the integrity of gaming. |
2 | (c) Duties of gaming service providers.--Each gaming service |
3 | provider shall have a continuing duty to: |
4 | (1) Provide all information, documentation and |
5 | assurances as the board may require. |
6 | (2) Cooperate with the board in investigations, hearings |
7 | and enforcement and disciplinary actions. |
8 | (3) Comply with all conditions, restrictions, |
9 | requirements, orders and rulings of the board in accordance |
10 | with this part. |
11 | (4) Report any change in circumstances that may render |
12 | the gaming service provider ineligible, unqualified or |
13 | unsuitable for continued registration or certification. |
14 | (d) Requirement for permit.--The board may require employees |
15 | of a gaming service provider to obtain a permit or other |
16 | authorization if, after an analysis of duties, responsibilities |
17 | and functions, the board determines that a permit or other |
18 | authorization is necessary to protect the integrity of gaming. |
19 | (e) Interim authorization.--The board or a designated |
20 | employee of the board may permit a gaming service provider |
21 | applicant to engage in business with an applicant for a slot |
22 | machine license or a slot machine licensee prior to approval of |
23 | the gaming service provider application if the following |
24 | criteria have been satisfied: |
25 | (1) A completed application has been filed with the |
26 | board by the gaming service provider. |
27 | (2) The slot machine applicant or slot machine licensee |
28 | contracting or doing business with the gaming service |
29 | provider certifies that it has performed due diligence on the |
30 | gaming service provider and believes that the applicant meets |
|
1 | the qualification to be a gaming service provider pursuant to |
2 | this section. |
3 | (3) The gaming service provider applicant agrees in |
4 | writing that the grant of interim authorization to conduct |
5 | business prior to board approval of its application does not |
6 | create a right to continue to engage in business if the board |
7 | determines that the applicant is not suitable or continued |
8 | authorization is not in the public interest. |
9 | (f) Construction.--Nothing in this section shall be |
10 | construed to prohibit the board from rescinding a grant of |
11 | interim authorization if, at any time, the suitability of the |
12 | person subject to interim authorization is at issue or if the |
13 | person fails to cooperate with the board, the bureau or an agent |
14 | of the board or bureau. |
15 | (g) Gaming service provider lists.--The board shall: |
16 | (1) Develop and maintain a list of approved gaming |
17 | service providers who are authorized to provide goods or |
18 | services whether under a grant of interim or continued |
19 | authorization. |
20 | (2) Develop and maintain a list of prohibited gaming |
21 | service providers. An applicant for a slot machine license or |
22 | a slot machine licensee may not enter into an agreement or |
23 | engage in business with a gaming service provider listed on |
24 | the prohibited gaming service provider list. |
25 | (h) Emergency authorization.--A slot machine licensee may |
26 | utilize a gaming service provider that has not been approved by |
27 | the board when a threat to public health, welfare or safety |
28 | exists or circumstances outside the control of the slot machine |
29 | licensee require immediate action to mitigate damage or loss to |
30 | the licensee's licensed facility or to the Commonwealth. The |
|
1 | board shall promulgate regulations to govern the use of gaming |
2 | service providers under emergency circumstances. The regulations |
3 | shall include a requirement that the slot machine licensee |
4 | contact the board immediately upon utilizing a gaming service |
5 | provider that has not been approved by the board. |
6 | (i) Criminal history record information.--If the |
7 | classification system developed by the board in accordance with |
8 | subsection (a) requires a gaming service provider or an |
9 | individual or entity associated with the gaming service provider |
10 | to submit to or provide the bureau with criminal history record |
11 | information under 18 Pa.C.S. Ch. 91 (relating to criminal |
12 | history record information), the bureau shall notify a slot |
13 | machine licensee that submitted a certification under subsection |
14 | (e)(2) whether the applicant has been convicted of a felony or |
15 | misdemeanor gambling offense. |
16 | Section 10.7. Sections 1318(c) and 1319 of Title 4 are |
17 | amended to read: |
18 | § 1318. Occupation permit application. |
19 | * * * |
20 | (c) Prohibition.--No slot machine licensee may employ or |
21 | permit any person under 18 years of age to render any service |
22 | whatsoever in any area of its licensed facility [at which] where |
23 | slot machines or table games are physically located. |
24 | § 1319. Alternative manufacturer licensing standards. |
25 | (a) General rule.--The board may determine whether the |
26 | licensing standards of another jurisdiction within the United |
27 | States in which an applicant for a manufacturer license is |
28 | similarly licensed are comprehensive and thorough and provide |
29 | similar adequate safeguards as those required by this part. If |
30 | the board makes that determination, it may issue a manufacturer |
|
1 | license to an applicant who holds a similar manufacturer license |
2 | in such other jurisdiction after conducting an evaluation of the |
3 | information relating to the applicant from such other |
4 | jurisdictions, as updated by the board, and evaluating other |
5 | information related to the applicant received from that |
6 | jurisdiction and other jurisdictions where the applicant may be |
7 | licensed, the board may incorporate such information in whole or |
8 | in part into its evaluation of the applicant. |
9 | (b) Abbreviated process.--In the event an applicant for a |
10 | [slot machine] manufacturer license is licensed in another |
11 | jurisdiction, the board may determine to use an [alternate] |
12 | abbreviated process requiring only that information determined |
13 | by the board to be necessary to consider the issuance of a |
14 | license, including financial viability of the [licensee, to such |
15 | an] applicant. Nothing in this section shall be construed to |
16 | waive any fees associated with obtaining a license through the |
17 | normal application process. |
18 | Section 10.8. Title 4 is amended by adding a section to |
19 | read: |
20 | § 1319.1. Alternative supplier licensing standards. |
21 | (a) General rule.--The board may determine whether the |
22 | licensing standards of another jurisdiction within the United |
23 | States in which an applicant for a supplier's license is |
24 | similarly licensed are comprehensive and thorough and provide |
25 | similar adequate safeguards as required by this part. If the |
26 | board makes that determination, it may issue a supplier license |
27 | to an applicant who holds a similar supplier license in another |
28 | jurisdiction after conducting an evaluation of the information |
29 | relating to the applicant from the other jurisdictions, as |
30 | updated by the board, and evaluating other information related |
|
1 | to the applicant received from that jurisdiction and other |
2 | jurisdictions where the applicant may be licensed, the board may |
3 | incorporate the information in whole or in part into its |
4 | evaluation of the applicant. |
5 | (b) Abbreviated process.--In the event an applicant for a |
6 | supplier license is licensed in another jurisdiction, the board |
7 | may determine to use an abbreviated process requiring only that |
8 | information determined by the board to be necessary to consider |
9 | the issuance of a license, including financial viability of the |
10 | applicant. Nothing in this section shall be construed to waive |
11 | any fees associated with obtaining a license through the normal |
12 | application process. |
13 | Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (b) and |
14 | 1329 of Title 4 are amended to read: |
15 | § 1321. Additional licenses and permits and approval of |
16 | agreements. |
17 | (a) Requirements.--In addition to the requirements for a |
18 | license or permit specifically set forth in this part, the board |
19 | may require a license [or], permit or other authorization, and |
20 | set a fee for the same, for any key employee or gaming employee |
21 | or any person who satisfies any of the following criteria: |
22 | (1) The person transacts business within this |
23 | Commonwealth with a slot machine licensee as a ticket |
24 | purveyor, tour operator, operator of a bus trip program or |
25 | operator of any other type of travel program or promotional |
26 | business related to slot machines or table games. The board |
27 | may also review, deny, order modification or approve, at its |
28 | discretion, proposed tours, bus routes and travel programs. |
29 | (2) The person is presently not [otherwise] required to |
30 | be licensed or permitted under this part and provides any |
|
1 | goods, property or services, including, but not limited to, |
2 | management [contracts] services for compensation to a slot |
3 | machine licensee at the licensed facility. |
4 | (b) Agreement.--Any agreement to conduct business within |
5 | this Commonwealth between a person and a slot machine licensee |
6 | relating to slot machines, table games, table game devices or |
7 | associated equipment is subject to the approval of the board in |
8 | accordance with rules and regulations promulgated by the board. |
9 | Every agreement shall be in writing and shall include a |
10 | provision for its termination without liability on the part of |
11 | the slot machine licensee upon a finding by the board that the |
12 | agreement is not approved or that it is terminated. Failure to |
13 | expressly include this condition in the agreement is not a |
14 | defense in any action brought under this section relating to the |
15 | termination of the agreement. |
16 | § 1326. License renewals. |
17 | (a) Renewal.--All permits and licenses issued under this |
18 | part unless otherwise provided shall be subject to renewal [on |
19 | an annual basis upon the application of the holder of the permit |
20 | or license submitted to the board at least 60 days prior to the |
21 | expiration of the permit or license] every three years. Nothing |
22 | in this subsection shall relieve a licensee of the affirmative |
23 | duty to notify the board of any changes relating to the status |
24 | of its license or to any other information contained in the |
25 | application materials on file with the board. The application |
26 | for renewal shall be submitted at least 60 days prior to the |
27 | expiration of the permit or license and shall include an update |
28 | of the information contained in the initial and any prior |
29 | renewal applications and the payment of any renewal fee required |
30 | by this part. Unless otherwise specifically provided in this |
|
1 | part, the amount of any renewal fee shall be calculated by the |
2 | board to reflect the longer renewal period. A permit or license |
3 | for which a completed renewal application and fee, if required, |
4 | has been received by the board will continue in effect unless |
5 | and until the board sends written notification to the holder of |
6 | the permit or license that the board has denied the renewal of |
7 | such permit or license. |
8 | * * * |
9 | § 1328. Change in ownership or control of slot machine |
10 | licensee. |
11 | (a) Notification and approval.-- |
12 | (1) A slot machine licensee shall notify the board |
13 | [prior to or] immediately upon becoming aware of any proposed |
14 | or contemplated change of ownership of the slot machine |
15 | licensee by a person or group of persons acting in concert |
16 | which involves any of the following: |
17 | (i) More than 5% of a slot machine licensee's |
18 | securities or other ownership interests. |
19 | (ii) More than 5% of the securities or other |
20 | ownership interests of a corporation or other form of |
21 | business entity that owns directly or indirectly at least |
22 | 20% of the voting or other securities or other ownership |
23 | interests of the licensee. |
24 | (iii) The sale other than in the ordinary course of |
25 | business of a licensee's assets. |
26 | (iv) Any other transaction or occurrence deemed by |
27 | the board to be relevant to license qualifications. |
28 | (b) Qualification of purchaser of slot machine licensee; |
29 | change of control.--The purchaser of the assets, other than in |
30 | the ordinary course of business, of any slot machine licensee |
|
1 | shall independently qualify for a license in accordance with |
2 | this part and shall pay the license fee as required by section |
3 | 1209 (relating to slot machine license fee). A change in control |
4 | of any slot machine licensee shall require that the slot machine |
5 | licensee independently qualify for a license in accordance with |
6 | this part, and the slot machine licensee shall pay a new license |
7 | fee as required by section 1209, except as otherwise required by |
8 | the board pursuant to this section. The new license fee shall be |
9 | paid upon the assignment and actual change of control or |
10 | ownership of the slot machine license. |
11 | * * * |
12 | § 1329. [Nonportability] Portability and relocation of slot |
13 | machine license. |
14 | (a) General rule.--[Each] Except as otherwise provided in |
15 | this section, each slot machine license shall only be valid for |
16 | the specific physical location within the municipality and |
17 | county for which it was originally granted. [No] |
18 | (b) Petition.--An applicant for a slot machine license or a |
19 | slot machine licensee may petition the board to relocate its |
20 | facility. In determining whether to grant a petition to |
21 | relocate, the board shall: |
22 | (1) Evaluate the proposed new location and the reason |
23 | for the relocation. |
24 | (2) Conduct an analysis comparing estimated gross |
25 | terminal revenues and estimated gross table game revenues at |
26 | the proposed new location with estimated or actual gross |
27 | terminal revenues and estimated or actual gross table game |
28 | revenues at the approved current location. |
29 | (3) Conduct an analysis comparing the economic impact of |
30 | the licensed facility at the proposed new location with the |
|
1 | estimated or actual economic impact at the approved current |
2 | location. The comparative analysis shall include the total |
3 | cost of the project and projected direct and indirect |
4 | employment figures. |
5 | (4) Commission a comprehensive traffic study for the |
6 | proposed new location. |
7 | (5) Evaluate community support or opposition. |
8 | (6) Consider any other information submitted by the |
9 | petitioner or requested by the board. |
10 | (c) Relocation.--A slot machine licensee [shall be permitted |
11 | to] may move or relocate [the physical location of] the licensed |
12 | facility [without] with board approval [for] upon good cause |
13 | shown if the relocation of the licensed facility: |
14 | (1) remains within the same county as when it was |
15 | originally licensed; |
16 | (2) will facilitate the timely commencement or the |
17 | continued conduct of gaming operations; |
18 | (3) complies with all other provisions of this part |
19 | related to the siting and location of a licensed facility; |
20 | and |
21 | (4) is in the best interests of the Commonwealth. |
22 | (d) Public input hearing.--The board shall hold at least one |
23 | public input hearing in the municipality where the licensed |
24 | facility will be located prior to ruling on the petition. |
25 | (e) Restriction.--No grant or loan from the Commonwealth may |
26 | be awarded for the purpose of relocating or developing the |
27 | relocated licensed facility to comply with any conditions of |
28 | approval of the relocation. |
29 | Section 11. Title 4 is amended by adding a section to read: |
30 | § 1332. Appointment of trustee. |
|
1 | (a) Appointment.--Upon petition of the Office of Enforcement |
2 | Counsel, the board may appoint a trustee from the list required |
3 | under subsection (j) to act on behalf of the interests of the |
4 | Commonwealth and the board to ensure compliance with this part |
5 | and any conditions imposed upon the slot machine license. A |
6 | trustee may be appointed only in the following circumstances: |
7 | (1) Upon the revocation, suspension or nonrenewal of a |
8 | slot machine license or a principal license if the principal |
9 | licensee is the only principal who exercises operational |
10 | control of the licensed facility. |
11 | (2) Upon the failure to renew a slot machine license or |
12 | a principal license if the principal licensee is the only |
13 | principal who exercises operational control of the licensed |
14 | facility. |
15 | (3) If necessary to protect the best interests of the |
16 | Commonwealth. |
17 | (b) Qualifications.--The following shall apply: |
18 | (1) A trustee shall be required to qualify as a |
19 | principal and obtain a principal license. The board may |
20 | appoint a trustee and award the trustee a temporary principal |
21 | license as prescribed in board regulations. |
22 | (2) Before assuming duties, a trustee shall execute and |
23 | file a bond for the faithful performance of the trustee's |
24 | duties. The bond shall be payable to the board with sureties |
25 | and in the amount and form as required by board order. The |
26 | cost of the bond shall be paid by the former or suspended |
27 | licensee. |
28 | (3) A trustee shall be a resident of this Commonwealth. |
29 | (c) Powers.--A trustee appointed under this section shall |
30 | exercise only those powers, duties and responsibilities |
|
1 | expressly conferred upon the trustee by the board. The board's |
2 | order appointing the trustee shall set forth the powers, duties |
3 | and responsibilities of the trustee which may include: |
4 | (1) Maintaining and operating the licensed facility in a |
5 | manner that complies with this part and any conditions |
6 | imposed by the board. |
7 | (2) Maintaining and operating the licensed facility |
8 | consistent with the measures generally taken in the ordinary |
9 | course of business including: |
10 | (i) Entering into contracts. |
11 | (ii) Borrowing money. |
12 | (iii) Pledging, mortgaging or otherwise encumbering |
13 | the licensed facility or property thereof as security for |
14 | the repayment of loans subject to any provisions and |
15 | restrictions in any existing credit documents. |
16 | (iv) Hiring, firing and disciplining employees. |
17 | (3) Exercising the rights and obligations of the former |
18 | or suspended licensee. |
19 | (4) Taking possession of all of the assets of the slot |
20 | machine licensee, including its books, records and papers. |
21 | (5) Establishing accounts with financial institutions. |
22 | An account may not be established with a financial |
23 | institution in which the licensee, an affiliate of the former |
24 | or suspended licensee, the trustee, or an immediate family |
25 | member of the trustee, has a controlling interest. |
26 | (6) Meeting with the former or suspended licensee. |
27 | (7) Meeting with principals and key employees at the |
28 | licensed facility. |
29 | (8) Meeting with the independent audit committee. |
30 | (9) Meeting with the board's executive director and |
|
1 | keeping the board's executive director apprised of actions |
2 | taken and the trustee's plans and goals for the future. |
3 | (10) Hiring legal counsel, accountants or other |
4 | consultants or assistants, with prior approval of the board, |
5 | as necessary to carry out the trustee's duties and |
6 | responsibilities. |
7 | (11) Settling or compromising with any debtor or |
8 | creditor of the former or suspended licensee, including any |
9 | taxing authority. |
10 | (12) Reviewing outstanding agreements to which the |
11 | former or suspended licensee is a party and advising the |
12 | board as to which, if any, of the agreements should be the |
13 | subject of scrutiny, examination or investigation by the |
14 | board. |
15 | (13) Obtaining board approval prior to any sale, change |
16 | of ownership, change of control, change of financial status, |
17 | restructuring, transfer of assets or execution of a contract |
18 | or any other action taken outside of the ordinary course of |
19 | business. |
20 | (14) Obtaining board approval for any payments outside |
21 | of those made in the ordinary course of business. |
22 | Notwithstanding any provision contained in this subsection to |
23 | the contrary, the trustee shall have the duty to conserve and |
24 | preserve the assets of the licensed gaming entity. |
25 | (d) Compensation.--The board shall establish the |
26 | compensation of a trustee and shall review and approve actual |
27 | and reasonable costs and expenses of the trustee, legal counsel, |
28 | accountants or other consultants or assistants hired by the |
29 | trustee. The compensation, costs and expenses shall be paid by |
30 | the former or suspended licensee. Total compensation for the |
|
1 | trustee and all persons hired or retained by the trustee under |
2 | subsection (c)(10) shall not exceed $600 per hour in the |
3 | aggregate unless otherwise increased by the board pursuant to |
4 | subsection (d.2). |
5 | (d.1) Calculation of compensation.--In determining the |
6 | aggregate hourly rate of compensation to be paid to the trustee |
7 | and all other persons hired or retained by the trustee, the |
8 | board shall consider: |
9 | (1) The time and labor required, the difficulty of the |
10 | questions involved and the skill required to properly perform |
11 | the required services. |
12 | (2) Whether the acceptance of the position by the |
13 | trustee or other person will preclude the trustee or other |
14 | person from other employment. |
15 | (3) The fee customarily charged for similar services. |
16 | (4) The nature and potential length of the duties. |
17 | (5) The experience, reputation and ability of the |
18 | trustee or other person selected to perform the services. |
19 | (d.2) Compensation exceptions.-- |
20 | (1) On January 1 of each year, the board may adjust the |
21 | aggregate hourly rate of compensation authorized under |
22 | subsection (d) for inflation. The adjustment shall not exceed |
23 | the percentage change in the Consumer Price Index for All |
24 | Urban Consumers for the Pennsylvania, New Jersey, Delaware |
25 | and Maryland area for the most recent 12-month period for |
26 | which figures have been officially reported by the United |
27 | States Department of Labor, Bureau of Labor Statistics. When |
28 | adjusted, the board shall publish the adjusted aggregate |
29 | hourly rate of compensation in the Pennsylvania Bulletin. |
30 | (2) Upon petition by the Director of the Office of |
|
1 | Enforcement Counsel, the board may increase the total hourly |
2 | rate of compensation above the limitation contained in |
3 | subsection (d) for good cause shown. The board shall consider |
4 | the factors under subsection (d.1) when calculating any |
5 | increase requested by the office. |
6 | (e) Reports.--A trustee shall file reports relating to the |
7 | administration of the trusteeship with the board in the form and |
8 | at intervals as the board orders. The board may direct that |
9 | copies or portions of the trustee's reports be mailed to |
10 | creditors or other parties in interest and make summaries of the |
11 | reports available to the public and shall post them on the |
12 | board's Internet website. |
13 | (f) Review of actions.--A creditor or other party in |
14 | interest aggrieved by any alleged breach of a delegated power or |
15 | duty or responsibility of a trustee in the discharge of the |
16 | trustee's duties may request a review of the trustee's action or |
17 | inaction by filing a petition in accordance with board |
18 | regulations. The petition must set forth in detail the pertinent |
19 | facts and the reasons why the facts constitute the alleged |
20 | breach. The board shall review any petition filed under this |
21 | section and take whatever action, if any, it deems appropriate. |
22 | (g) Effect of the trusteeship.--After issuance of an order |
23 | to appoint a trustee, the former or suspended principal or slot |
24 | machine licensee may not exercise any of its privileges, collect |
25 | or receive any debts or pay out, sell, assign or transfer any of |
26 | its assets to anyone without prior approval of the appointed |
27 | trustee and the board. |
28 | (h) Disposition of net income.--During the period of |
29 | trusteeship, net income from the licensed facility shall be |
30 | deposited in an escrow account maintained for that purpose. |
|
1 | Payments from the escrow account during the period of |
2 | trusteeship may not be made without the prior approval of the |
3 | board. A suspended or former principal or slot machine licensee |
4 | may request distribution of all or a portion of the funds in the |
5 | escrow account during the period of trusteeship by filing a |
6 | petition in accordance with board regulation. The suspended or |
7 | former principal or slot machine licensee shall have the burden |
8 | of demonstrating good cause for the distribution of the funds |
9 | requested. |
10 | (i) Discontinuation.--The board may issue an order to |
11 | discontinue a trusteeship when: |
12 | (1) the board determines that circumstances requiring |
13 | the appointment of the trustee no longer exist; or |
14 | (2) the trustee has, with the prior approval of the |
15 | board, consummated the sale, assignment, conveyance or other |
16 | disposition of all the assets or interest of the former |
17 | principal or slot machine licensee relating to the slot |
18 | machine license. |
19 | (j) List of approved trustees.--The board shall promulgate |
20 | regulations governing establishment of a list of persons |
21 | approved by the board and qualified to serve as a trustee. At a |
22 | minimum, the regulations shall provide for the following: |
23 | (1) The minimum qualifications a person must possess to |
24 | be approved as a trustee, which shall include the |
25 | qualifications set forth in subsection (b). |
26 | (2) The procedure for placement on or removal from the |
27 | approved trustee list. |
28 | (3) Any other information the board deems necessary to |
29 | carry out the intent of this section. |
30 | Section 11.1. Title 4 is amended by adding a chapter to |
|
1 | read: |
2 | CHAPTER 13A |
3 | TABLE GAMES |
4 | Subchapter |
5 | A. General Provisions |
6 | B. Table Games Authorized |
7 | C. Conduct of Table Games |
8 | D. (Reserved) |
9 | E. Table Game Testing and Certification |
10 | F. (Reserved) |
11 | G. Table Game Taxes and Fees |
12 | SUBCHAPTER A |
13 | GENERAL PROVISIONS |
14 | Sec. |
15 | 1301A. (Reserved). |
16 | 1302A. Regulatory authority. |
17 | 1303A. Temporary table game regulations. |
18 | 1304A. Commonwealth resident employment goals. |
19 | § 1301A. (Reserved). |
20 | § 1302A. Regulatory authority. |
21 | The board shall promulgate regulations: |
22 | (1) Establishing standards and procedures for table |
23 | games and table game devices or associated equipment, |
24 | including standards distinguishing electronic gaming tables, |
25 | fully automated electronic gaming tables and traditional |
26 | gaming tables. The standards and procedures shall provide for |
27 | any new table games or gaming tables and variations or |
28 | composites of approved table games or gaming tables, provided |
29 | the board determines that the new table game, gaming table or |
30 | any variations or composites or other approved table games or |
|
1 | gaming tables are suitable for use after a test or |
2 | experimental period under the terms and conditions as the |
3 | board may deem appropriate. |
4 | (2) Establishing standards and rules to govern the |
5 | conduct of table games and the system of wagering associated |
6 | with table games, including the conduct of table games and |
7 | the system of wagering on electronic gaming tables and fully |
8 | automated electronic gaming tables. |
9 | (2.1) Establishing the method for calculating gross |
10 | table game revenue and standards for the daily counting and |
11 | recording of cash and cash equivalents received in the |
12 | conduct of table games, including the conduct of table games |
13 | on electronic gaming tables and fully automated electronic |
14 | gaming tables, and ensuring that internal controls are |
15 | followed, including observation by employees of the board of |
16 | that process, the maintenance of financial books and records |
17 | and the conduct of audits. The board shall consult with the |
18 | department in establishing these regulations. |
19 | (3) Establishing notice requirements pertaining to |
20 | minimum and maximum wagers on table games. Minimum and |
21 | maximum wagers may be adjusted by the certificate holder in |
22 | the normal course of conducting table games, except that |
23 | changes in minimum wagers at any given gaming table shall not |
24 | apply to players already engaged in wagering at that gaming |
25 | table when the minimum wager is changed, unless 30 minutes |
26 | notice is provided at that gaming table. |
27 | (4) Requiring each certificate holder to: |
28 | (i) Provide written information at each operational |
29 | gaming table about table game rules, payoffs or winning |
30 | wagers and other information as the board may require. |
|
1 | (ii) Provide specifications approved by the board |
2 | under section 1207(11) (relating to regulatory authority |
3 | of board) to integrate and update the licensed facility's |
4 | surveillance system to cover all areas where table games |
5 | are conducted. The specifications shall include |
6 | provisions providing the board and other persons |
7 | authorized by the board with onsite access to the system |
8 | or its signal. |
9 | (iii) Designate one or more locations within the |
10 | licensed facility to conduct table games. |
11 | (iv) Ensure that visibility in a licensed facility |
12 | is not obstructed in any way that could interfere with |
13 | the ability of the certificate holder, the board and |
14 | other persons authorized under this part or by the board |
15 | to oversee the surveillance of the conduct of table |
16 | games. |
17 | (v) Integrate the licensed facility's count room for |
18 | slot machine and table game operations to ensure maximum |
19 | security of the counting and storage of cash and cash |
20 | equivalents. |
21 | (vi) Equip each operational gaming table with a sign |
22 | indicating the permissible minimum and maximum wagers at |
23 | the gaming table. |
24 | (vii) Adopt policies or procedures to prohibit any |
25 | table game device or associated equipment from being |
26 | possessed, maintained or exhibited by any person on the |
27 | premises of a licensed facility except in the areas of a |
28 | licensed facility where the conduct of table games is |
29 | authorized or in a restricted area designated to be used |
30 | for the inspection, service, repair or storage of table |
|
1 | game devices or associated equipment by the certificate |
2 | holder or in an area used for employee training and |
3 | instruction by the certificate holder. |
4 | (viii) Equip all drop boxes in which cash, cash |
5 | equivalents, fill slips, credit slips or inventory slips |
6 | are deposited at the gaming tables, and all areas where |
7 | drop boxes are kept while in use, with two locking |
8 | devices or keys, of which one locking device or key shall |
9 | be under the exclusive control of the board, and the |
10 | second locking device or key shall be under the exclusive |
11 | control of the certificate holder's designated employees. |
12 | The drop boxes shall be brought into or removed from an |
13 | area where table games are conducted or locked or |
14 | unlocked in accordance with procedures established by the |
15 | board. |
16 | (ix) Designate secure locations for the inspection |
17 | and storage of table game devices and associated |
18 | equipment as may be approved by the board. |
19 | (5) Establishing the size and uniform color by |
20 | denomination of all chips used in the conduct of table games, |
21 | including tournaments, and a policy for the use of |
22 | promotional or commemorative chips used in the conduct of |
23 | table games. All types of chips shall be approved by the |
24 | board prior to being used for play at a table game at a |
25 | licensed facility. |
26 | (5.1) Establishing the procedure to be used by a |
27 | certificate holder to determine and extract a rake for the |
28 | purposes of generating gross table game revenue from |
29 | nonbanking games. The rake may be calculated using a |
30 | percentage or a flat fee methodology. |
|
1 | (6) Establishing minimum standards relating to the |
2 | acceptance of tips or gratuities by dealers and croupiers at |
3 | a table game, which shall include: |
4 | (i) The requirement that tips or gratuities accepted |
5 | by dealers and croupiers at banking games be placed in a |
6 | common pool for complete distribution pro rata among all |
7 | dealers and croupiers. |
8 | (ii) The right of the certificate holder to |
9 | establish policies under which tips or gratuities |
10 | accepted by dealers and croupiers at nonbanking games are |
11 | not required to be pooled and may be retained by the |
12 | dealers and croupiers. |
13 | Nothing in this paragraph shall prohibit a certificate holder |
14 | from adopting a formal policy relating to acceptance of tips |
15 | and gratuities, provided that the policy meets the minimum |
16 | standards established by the board under this paragraph. |
17 | (7) Establishing the minimal proficiency requirements |
18 | for individuals to successfully complete a course of training |
19 | at a gaming school. The regulations shall not prohibit a slot |
20 | machine licensee from establishing a course of training for |
21 | its employees or potential employees or prohibit a |
22 | certificate holder from offering employment to an individual |
23 | who has not attended or completed a course of instruction at |
24 | a gaming school and shall require a slot machine licensee |
25 | that elects to train its gaming employees or potential table |
26 | game employees to submit a detailed summary of the training |
27 | program to the board and to demonstrate the adequacy of the |
28 | training. The regulations shall prohibit a slot machine |
29 | licensee from charging its employees or potential employees a |
30 | fee to complete a course of training. |
|
1 | (8) Establishing the practices and procedures governing |
2 | the conduct of tournaments under this chapter. |
3 | (9) Establishing minimum standards relating to the |
4 | extension of credit to a player by a certificate holder. |
5 | Prior to extending credit, the certificate holder shall |
6 | consider an individual's financial fitness, including annual |
7 | income, debt-to-income ratio, prior credit history, average |
8 | monthly bank balance or level of play. |
9 | § 1303A. Temporary table game regulations. |
10 | (a) Promulgation.--In order to facilitate the prompt |
11 | implementation of this chapter, regulations promulgated by the |
12 | board shall be deemed temporary regulations which shall expire |
13 | not later than two years following the publication of the |
14 | temporary regulation. The board may promulgate temporary |
15 | regulations not subject to: |
16 | (1) Sections 201, 202, 203, 204 and 205 of the act of |
17 | July 31, 1968 (P.L.769, No.240), referred to as the |
18 | Commonwealth Documents Law. |
19 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
20 | the Regulatory Review Act. |
21 | (3) Sections 204(b) and 301(10) of the act of October |
22 | 15, 1980 (P.L.950, No.164), known as the Commonwealth |
23 | Attorneys Act. |
24 | (b) Expiration.--Except for temporary regulations governing |
25 | the rules of new table games approved by the board, the board's |
26 | authority to adopt temporary regulations under subsection (a) |
27 | shall expire two years after the effective date of this section. |
28 | Regulations adopted after this period shall be promulgated as |
29 | provided by law. |
30 | (c) Temporary regulations.--The board shall begin publishing |
|
1 | temporary regulations governing table game rules, licensing of |
2 | manufacturers and suppliers and surveillance standards in the |
3 | Pennsylvania Bulletin no later than February 1, 2010. |
4 | § 1304A. Commonwealth resident employment goals. |
5 | (a) Employment opportunities.--It is the goal of the General |
6 | Assembly that the board promote and ensure the availability of |
7 | employment opportunities for Commonwealth residents in table |
8 | games and table game-related operations as authorized in this |
9 | chapter. The board shall work with each certificate holder to |
10 | ensure that a significant number of Commonwealth residents are |
11 | employed by a certificate holder relating to table games. It is |
12 | also the goal of the General Assembly that Commonwealth |
13 | residents comprise at least 85% of each certificate holder's |
14 | table game-related employees by the end of the third year |
15 | following commencement of the conduct of table games at each |
16 | certificate holder's licensed facility. |
17 | (b) Review.--The board shall conduct an annual review to |
18 | ascertain each certificate holder's progress in achieving the |
19 | goals of this section and whether each certificate holder has |
20 | taken effective and meaningful action to employ Commonwealth |
21 | residents in table game-related positions at licensed |
22 | facilities. The first review shall be completed one year |
23 | following the award of the first table game operation |
24 | certificate. Each annual review shall contain recommendations |
25 | which the board determines appropriate and may be combined with |
26 | any other review or study required by the board under this part. |
27 | The review shall be submitted to the chairman and minority |
28 | chairman of the standing committees of the Senate and of the |
29 | House of Representatives with jurisdiction over this part. |
30 | SUBCHAPTER B |
|
1 | TABLE GAMES AUTHORIZED |
2 | Sec. |
3 | 1311A. Authorization to conduct table games. |
4 | 1312A. Petition requirements. |
5 | 1313A. Prohibitions. |
6 | 1314A. Table game authorization hearing process; public input |
7 | hearings. |
8 | 1315A. Standard for review of petitions. |
9 | 1316A. Award of certificate. |
10 | 1316.1A. Amendment of statement of conditions. |
11 | 1317A. Table game operation certificate. |
12 | 1318A. Timing of initial table game authorizations. |
13 | § 1311A. Authorization to conduct table games. |
14 | (a) Authorization.--The board may authorize a slot machine |
15 | licensee to conduct table games, including table game contests |
16 | and tournaments, and to operate a system of wagering associated |
17 | with the conduct of table games at the slot machine licensee's |
18 | licensed facility. Authorization shall be contingent upon the |
19 | slot machine licensee's agreement to ensure that slot machine |
20 | and table game operations will be conducted in accordance with |
21 | this part and any other conditions established by the board. |
22 | Nothing in this part shall be construed to create a separate |
23 | license governing the conduct of table games by slot machine |
24 | licensees within this Commonwealth. |
25 | (b) Number of authorized gaming tables.-- |
26 | (1) A Category 1 and Category 2 slot machine licensee |
27 | awarded a table game operation certificate may operate up to |
28 | 250 gaming tables at any one time at its licensed facility. |
29 | No more than 30% of these gaming tables may be used to play |
30 | nonbanking games at any one time. Six months following the |
|
1 | date of commencement of table game operations, the board may |
2 | permit a Category 1 or Category 2 certificate holder to |
3 | increase the number of gaming tables above the number |
4 | authorized under this paragraph. The certificate holder shall |
5 | petition the board for the increase at its licensed facility. |
6 | The board, in considering the petition, shall take into |
7 | account the appropriateness of the physical space where the |
8 | gaming tables will be located and the convenience of the |
9 | public attending the facility. The board may also take into |
10 | account the potential benefit to the Commonwealth. |
11 | (2) A Category 3 slot machine licensee awarded a table |
12 | game operation certificate may operate up to 50 gaming tables |
13 | at any one time at its licensed facility. No more than 30% of |
14 | these gaming tables may be used to play nonbanking games at |
15 | any one time. |
16 | (3) Nonbanking gaming tables shall seat a maximum of ten |
17 | players. |
18 | § 1312A. Petition requirements. |
19 | (a) General rule.--Unless otherwise prohibited under section |
20 | 1313A (relating to prohibitions), a slot machine licensee may |
21 | seek approval to conduct table games by filing a petition with |
22 | the board. |
23 | (b) Petition contents.--A petition seeking authorization to |
24 | conduct table games shall include the following: |
25 | (1) The name, business address and contact information |
26 | of the petitioner. |
27 | (2) The name and business address, job title and a |
28 | photograph of each principal and key employee of the |
29 | petitioner who will be involved in the conduct of table games |
30 | and who is not currently licensed by the board, if known. |
|
1 | (3) An itemized list of the number of gaming tables and |
2 | types of table games for which authorization is being sought. |
3 | (4) The estimated number of full-time and part-time |
4 | employment positions that will be created at the licensed |
5 | facility if table games are authorized and an updated hiring |
6 | plan pursuant to section 1510(a) (relating to labor hiring |
7 | preferences) which outlines the petitioner's plan to promote |
8 | the representation of diverse groups and Commonwealth |
9 | residents in the employment positions. |
10 | (5) A brief description of the economic benefits |
11 | expected to be realized by the Commonwealth, its |
12 | municipalities and its residents if table games are |
13 | authorized at the petitioner's licensed facility. |
14 | (6) The details of any financing obtained or that will |
15 | be obtained to fund an expansion or modification of the |
16 | licensed facility to accommodate table games and to otherwise |
17 | fund the cost of commencing table game operations. |
18 | (7) Information and documentation concerning financial |
19 | background and resources, as the board may require, to |
20 | establish by clear and convincing evidence the financial |
21 | stability, integrity and responsibility of the petitioner. |
22 | (8) Information and documentation, as the board may |
23 | require, to establish by clear and convincing evidence that |
24 | the petitioner has sufficient business ability and experience |
25 | to create and maintain a successful table game operation. In |
26 | making this determination, the board may consider the results |
27 | of the petitioner's slot machine operation, including |
28 | financial information, employment data and capital |
29 | investment. |
30 | (9) Information and documentation, as the board may |
|
1 | require, to establish by clear and convincing evidence that |
2 | the petitioner has or will have the financial ability to pay |
3 | the authorization fee under section 1361A (relating to table |
4 | game authorization fee). |
5 | (10) Detailed site plans identifying the petitioner's |
6 | proposed table game area within the licensed facility. |
7 | (11) If the petitioner is a Category 1 or Category 2 |
8 | slot machine licensee, a waiver, on a form prescribed by the |
9 | board which is signed by the petitioner and acknowledged by |
10 | each of the petitioner's principals, of the following rights |
11 | arising as a result of an amendment or addition to this part |
12 | that took effect at the same time as the effective date of |
13 | this section: |
14 | (i) the petitioner's right under section 1209(f) |
15 | (relating to slot machine license fee) or under any |
16 | contract executed by the applicant and the department |
17 | under section 1209(c) to receive the return of any |
18 | portion of the slot machine license fee paid by the |
19 | petitioner for its slot machine license; and |
20 | (ii) the petitioner's right, if any, to sue for the |
21 | return of any portion of the slot machine license fee |
22 | paid by the petitioner for its slot machine license. |
23 | (12) Other information as the board may require. |
24 | (c) Confidentiality.--Information submitted to the board |
25 | under subsection (b)(6), (7), (9), (10) and (12) may be |
26 | considered confidential by the board if the information would be |
27 | confidential under section 1206(f) (relating to board minutes |
28 | and records). |
29 | § 1313A. Prohibitions. |
30 | (a) Slot machine licensee.--No slot machine licensee that is |
|
1 | required as a condition of slot machine licensure to make |
2 | payments to a municipality, municipal authority or other entity |
3 | for an economic development project, including any project |
4 | enumerated in the act of July 25, 2007 (P.L.342, No.53), known |
5 | as Pennsylvania Gaming Economic Development and Tourism Fund |
6 | Capital Budget Itemization Act of 2007, may submit a petition |
7 | under section 1312A (relating to petition requirements) until |
8 | the requirements of section 1214(a) (relating to specific |
9 | authority to suspend slot machine license) are met. |
10 | (b) Duties of board.--The board shall not accept or approve |
11 | a petition submitted by any slot machine licensee subject to |
12 | subsection (a) until the written agreement required by section |
13 | 1214(a) is submitted by the slot machine licensee to the board, |
14 | which shall ensure the written agreement meets the requirements |
15 | of section 1214(a) and all conditions relating to the economic |
16 | development project imposed by the board when awarding the slot |
17 | machine license to the licensee are satisfied. |
18 | (c) Construction.--Nothing in this section shall be |
19 | construed to relieve a slot machine licensee of its legal |
20 | obligation to make any required payments referenced under this |
21 | section if the slot machine licensee elects not to petition the |
22 | board for authorization to conduct table games. |
23 | § 1314A. Table game authorization hearing process; public input |
24 | hearings. |
25 | (a) General rule.--The board's consideration and resolution |
26 | of all petitions to conduct table games shall be conducted in |
27 | accordance with 2 Pa.C.S. (relating to administrative law and |
28 | procedure) or with procedures adopted by order of the board. |
29 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
30 | to hearing and record) and 505 (relating to evidence and cross- |
|
1 | examination) as they relate to the conduct of oral hearings, the |
2 | board may adopt procedures to provide parties before it with a |
3 | documentary hearing, and the board may resolve disputed material |
4 | facts without conducting an oral hearing where constitutionally |
5 | permissible. |
6 | (b) Public input hearing requirement.-- |
7 | (1) Prior to granting a petition for a slot machine |
8 | licensee to conduct table games under this chapter, the board |
9 | shall hold at least one public input hearing on the matter in |
10 | the municipality where the petitioner's licensed facility is |
11 | located. |
12 | (2) A list of all witnesses scheduled to testify at a |
13 | public input hearing shall be posted on the board's Internet |
14 | website at least seven days prior to the hearing. The list |
15 | shall be updated at least three days prior to the hearing. |
16 | Additional witnesses shall be posted on the board's Internet |
17 | website as they are added to the list. |
18 | § 1315A. Standard for review of petitions. |
19 | The board shall approve a petition if the petitioner |
20 | establishes, by clear and convincing evidence, all of the |
21 | following: |
22 | (1) The petitioner's slot machine license is in good |
23 | standing with the board. |
24 | (2) The conduct of table games at the petitioner's |
25 | licensed facility will have a positive economic impact on the |
26 | Commonwealth, its municipalities and residents through |
27 | increased revenues and employment opportunities. |
28 | (3) The petitioner possesses adequate funds or has |
29 | secured adequate financing to: |
30 | (i) Fund any necessary expansion or modification of |
|
1 | the petitioner's licensed facility to accommodate the |
2 | conduct of table games. |
3 | (ii) Pay the authorization fee in accordance with |
4 | section 1361A (relating to table game authorization fee). |
5 | (iii) Commence table game operations at its licensed |
6 | facility. |
7 | (4) The petitioner has the financial stability, |
8 | integrity and responsibility to conduct table games. |
9 | (5) The petitioner has sufficient business ability and |
10 | experience to create and maintain a successful table game |
11 | operation. |
12 | (6) The petitioner's proposed internal and external |
13 | security and proposed surveillance measures within the area |
14 | of the licensed facility where the petitioner seeks to |
15 | conduct table games are adequate. |
16 | (7) The petitioner agrees that the number of slot |
17 | machines in operation at its licensed facility on October 1, |
18 | 2009, will not be permanently reduced in order to install |
19 | gaming tables. |
20 | (8) The petitioner has executed the waiver required |
21 | under section 1312A(b)(11) (relating to petition |
22 | requirements) and provided any other information required by |
23 | section 1312A(b). |
24 | § 1316A. Award of certificate. |
25 | Upon approval of a petition, the board shall award a table |
26 | games operation certificate to the petitioner. Awarding of a |
27 | table game operation certificate prior to the payment in full of |
28 | the authorization fee required by section 1361A (relating to |
29 | table game authorization fee) shall not relieve the petitioner |
30 | from complying with the provisions of section 1361A. |
|
1 | § 1316.1A. Amendment of statement of conditions. |
2 | (a) Amendment.--Upon awarding a table game operation |
3 | certificate, the board shall amend the slot machine licensee's |
4 | statement of conditions governing the slot machine license to |
5 | include conditions pertaining to the requirements of this part. |
6 | If the slot machine licensee is a Category 1 or Category 2 slot |
7 | machine licensee, amendments to the statement of conditions |
8 | shall include a requirement that the slot machine licensee |
9 | acknowledge and honor the waiver of rights required to be filed |
10 | under section 1312A(b)(11) (relating to petition requirements). |
11 | (b) Sanctions.--A certificate holder that fails to abide by |
12 | this part or any condition contained in the licensee's statement |
13 | of conditions in the conduct of table games shall be subject to |
14 | board-imposed administrative sanctions or other penalties |
15 | authorized under this part. |
16 | § 1317A. Table game operation certificate. |
17 | The following shall apply: |
18 | (1) A table game operation certificate shall be in |
19 | effect unless: |
20 | (i) Suspended or revoked by the board consistent |
21 | with the requirements of this part. |
22 | (ii) The slot machine license held by the |
23 | certificate holder is suspended, revoked or not renewed |
24 | by the board consistent with the requirements of this |
25 | part. |
26 | (iii) The certificate holder relinquishes or does |
27 | not seek renewal of its slot machine license. |
28 | (2) The table game operation certificate shall include |
29 | an itemized list by type of table game and the number of |
30 | gaming tables approved by the board and permitted in the |
|
1 | certificate holder's licensed facility. The certificate |
2 | holder may increase or decrease the number of gaming tables |
3 | permitted at the licensed facility, change the type of table |
4 | games played at a particular gaming table or change the |
5 | configuration of gaming tables upon notice to the board and |
6 | approval by a designated employee of the board. Unless |
7 | approved by the board, the total number of gaming tables in |
8 | operation at the licensed facility may not exceed the number |
9 | authorized in the table games operation certificate. |
10 | (3) A certificate holder shall be required to update the |
11 | information in its initial table games petition at times |
12 | prescribed by the board. |
13 | § 1318A. Timing of initial table game authorizations. |
14 | The board shall approve or deny a petition within 60 days |
15 | following receipt of the petition. |
16 | SUBCHAPTER C |
17 | CONDUCT OF TABLE GAMES |
18 | Sec. |
19 | 1321A. Authorized locations for operation. |
20 | 1322A. Commencement of table game operations. |
21 | 1323A. Training of employees and potential employees. |
22 | 1323.1A. Training equipment. |
23 | 1324A. Condition of continued operation. |
24 | 1325A. Table game accounting controls and audit protocols. |
25 | 1326A. Cash equivalents. |
26 | 1327A. Other financial transactions. |
27 | 1328A. Key employees and occupation permits. |
28 | 1329A. Application of Clean Indoor Air Act. |
29 | 1329.1A. Application of Liquor Code. |
30 | § 1321A. Authorized locations for operation. |
|
1 | (a) Restriction.--A certificate holder shall only be |
2 | permitted to operate table games at the licensed facility, a |
3 | temporary facility authorized under subsection (a.1) or an area |
4 | authorized under subsection (b). |
5 | (a.1) Temporary facilities.--The board may permit a |
6 | certificate holder to conduct table games at a temporary |
7 | facility which is physically connected to, attached to or |
8 | adjacent to a licensed facility for a period not to exceed 24 |
9 | months. |
10 | (b) Powers and duties of board.--Upon request made by a |
11 | certificate holder, the board may determine the suitability of a |
12 | hotel for the conduct of table games. The board may authorize |
13 | the executive director to designate specific areas of a licensed |
14 | facility, other than the gaming floor, or specific areas of a |
15 | hotel, including conference rooms, ballrooms or other rooms, in |
16 | which the certificate holder may conduct contests or |
17 | tournaments. No certificate holder may be approved to conduct |
18 | table games in a licensed facility or a hotel unless the areas |
19 | to be designated are equipped with adequate security and |
20 | surveillance equipment to ensure the integrity of the conduct of |
21 | a table game contest or tournament. The certificate holder shall |
22 | notify the board of the number of gaming tables that the |
23 | certificate holder intends to operate during a contest or |
24 | tournament, and the board shall designate an employee of the |
25 | board to approve or deny the request. An authorization granted |
26 | under this section may not: |
27 | (1) Impose any criteria or requirements regarding the |
28 | contents or structure of a hotel which are unrelated to the |
29 | conduct of table games. |
30 | (2) Authorize the placement or operation of slot |
|
1 | machines in a hotel. |
2 | § 1322A. Commencement of table game operations. |
3 | A certificate holder may not operate or offer table games for |
4 | play at a licensed facility until the board determines that: |
5 | (1) The certificate holder is in compliance with the |
6 | requirements of this part. |
7 | (2) The certificate holder's internal controls and audit |
8 | protocols are sufficient to meet the requirements of section |
9 | 1325A (relating to table game accounting controls and audit |
10 | protocols). |
11 | (3) The certificate holder's table game employees, where |
12 | applicable, are licensed, permitted or otherwise authorized |
13 | by the board to perform their respective duties. |
14 | (4) The certificate holder is prepared in all respects |
15 | to offer table game play to the public at the licensed |
16 | facility. |
17 | (5) The certificate holder has implemented necessary |
18 | internal and management controls and security arrangements |
19 | and surveillance systems for the conduct of table games. |
20 | (6) The certificate holder is in compliance with or has |
21 | complied with section 1361A (relating to table game |
22 | authorization fee). |
23 | § 1322.1A. Table game tournaments. |
24 | (a) Authorization.--A certificate holder may conduct |
25 | tournaments at its licensed facility. |
26 | (b) Submission of schedule.--The following shall apply: |
27 | (1) A certificate holder that elects to conduct |
28 | tournaments shall submit to the executive director of the |
29 | board for approval a proposed schedule of tournaments to be |
30 | conducted at the licensed facility. |
|
1 | (2) The proposed schedule may be a weekly, monthly or |
2 | annual schedule and shall include information identifying all |
3 | of the following: |
4 | (i) The type of table game or table games to be |
5 | played at each tournament. |
6 | (ii) The proposed date and time of each tournament. |
7 | (iii) The proposed entry fee and any other fees |
8 | associated with the tournament. |
9 | (iv) The maximum number of participants. |
10 | (v) Any other information as the board may require. |
11 | (3) Submission of a proposed schedule shall not require |
12 | the certificate holder to conduct all tournaments contained |
13 | in the schedule. A certificate holder may not conduct a |
14 | tournament at a date or time not contained in the schedule |
15 | submitted to the executive director. |
16 | (4) A certificate holder may seek to amend or modify the |
17 | schedule at any time by filing a written request with the |
18 | executive director. |
19 | (c) Exemptions and additional tables.--The following shall |
20 | apply: |
21 | (1) For a Category 1 or Category 2 licensed facility, |
22 | gaming tables used in tournaments shall be exempt from |
23 | section 1311A (b)(1) (relating to authorization to conduct |
24 | table games) and shall not be used in any calculation of the |
25 | total number of gaming tables authorized in the table game |
26 | authorization certificate. |
27 | (2) For a Category 3 licensed facility, the executive |
28 | director may authorize the licensed facility to operate up to |
29 | 15 additional gaming tables for use in tournaments. The |
30 | executive director may grant the use of the additional gaming |
|
1 | tables for tournaments authorized under this paragraph only |
2 | one day per month. |
3 | (d) Seating.--A gaming table used in tournament play shall |
4 | seat a maximum of ten players per table. |
5 | § 1323A. Training of employees and potential employees. |
6 | (a) Adequacy.--A slot machine licensee that elects to offer |
7 | table game training to its employees or potential employees |
8 | shall submit to the board a detailed summary of the training |
9 | program demonstrating the adequacy of the training. |
10 | (b) Authorization.--Notwithstanding any provision of this |
11 | part to the contrary, the executive director of the board may |
12 | authorize a slot machine licensee to conduct table game training |
13 | and instruction for the slot machine licensee's employees and |
14 | potential employees. |
15 | (c) Effect.--Authorization granted under subsection (b) |
16 | shall do all of the following: |
17 | (1) Permit a slot machine licensee to conduct training |
18 | at a location within the licensed facility or at another |
19 | location. |
20 | (2) Require any training authorized on the gaming floor |
21 | to be conducted in a specified area of the gaming floor that |
22 | is clearly identified as a training area and not accessible |
23 | to the public |
24 | (3) Designate a secure area at the location where the |
25 | training will take place for the storage of table game |
26 | devices and associated equipment used for training. |
27 | (4) Limit the number of table game devices and |
28 | associated equipment to that necessary to conduct training. |
29 | (5) Prohibit the payment of any cash, cash equivalent or |
30 | other prize to an individual as a result of play conducted |
|
1 | during training or play conducted utilizing table game |
2 | devices or associated equipment obtained under section |
3 | 1323.1A (relating to training equipment). |
4 | (6) Prohibit a slot machine licensee from charging its |
5 | employees or potential employees a fee to participate in the |
6 | training. |
7 | (c.1) Rescission or revocation.--An authorization granted by |
8 | the executive director under subsection (b) may be rescinded or |
9 | revoked by the executive director or the board without cause. |
10 | The slot machine licensee shall be given notice that the |
11 | authorization has been rescinded or revoked and afforded a |
12 | reasonable time to take all necessary actions required by the |
13 | executive director or the board. |
14 | (d) Prohibition.--The board shall be prohibited from |
15 | charging a fee as a condition of receiving authorization under |
16 | subsection (b). |
17 | § 1323.1A. Training equipment. |
18 | (a) Acquisition.--Notwithstanding section 1317 (relating to |
19 | supplier licenses) or section 1317.1 (relating to manufacturer |
20 | licenses), for a one-year period following the effective date of |
21 | this section, a slot machine licensee may purchase, lease or |
22 | otherwise obtain table game devices or associated equipment |
23 | that will be used for the sole purpose of conducting table game |
24 | training authorized under section 1323A (relating to initial |
25 | training of employees and potential employees) from a |
26 | manufacturer or supplier, whether or not licensed or otherwise |
27 | approved by the board under this part, or from an affiliate of |
28 | the slot machine licensee or a gaming facility in another |
29 | jurisdiction. |
30 | (b) Identification.--Table game devices or associated |
|
1 | equipment obtained by a slot machine licensee pursuant to |
2 | subsection (a) shall have an identification number which shall |
3 | be kept on file with the board and the table game devices or |
4 | associated equipment shall be clearly identified as being used |
5 | for training purposes only. |
6 | (c) Prohibition.-- |
7 | (1) Table game devices and associated equipment obtained |
8 | pursuant to this section shall be prohibited from being used |
9 | on the gaming floor unless being used for training purposes |
10 | pursuant to section 1323A(c)(2). |
11 | (2) The payment of any cash, cash equivalent or other |
12 | prize to an individual from the play of a table game on table |
13 | game devices or associated equipment obtained pursuant to |
14 | this section is prohibited. |
15 | § 1324A. Condition of continued operation. |
16 | As a condition of continued operation, a certificate holder |
17 | shall agree to maintain all books, records and documents |
18 | pertaining to table games in a manner and location within this |
19 | Commonwealth as approved by the board. All books, records and |
20 | documents related to table games shall: |
21 | (1) be segregated by separate accounts within the slot |
22 | machine licensee's books, records and documents, except for |
23 | any books, records or documents that are common to both slot |
24 | machine and table game operations; |
25 | (2) be immediately available for inspection upon request |
26 | of the board, the bureau, the department, the Pennsylvania |
27 | State Police or the Attorney General, or agents thereof, |
28 | during all hours of operation of the licensed facility in |
29 | accordance with regulations promulgated by the board; and |
30 | (3) be maintained for a period as the board, by |
|
1 | regulation, may require. |
2 | § 1325A. Table game accounting controls and audit protocols. |
3 | (a) Approval.--Prior to the commencement of table game |
4 | operations, a certificate holder shall submit to the board for |
5 | approval all proposed site plans, internal control systems and |
6 | audit protocols for the certificate holder's table game |
7 | operations. |
8 | (b) Minimum requirements.--A certificate holder's internal |
9 | controls and audit protocols shall: |
10 | (1) Safeguard its assets and revenues, including the |
11 | recording of cash, cash equivalents and evidences of |
12 | indebtedness related to table games. |
13 | (2) Provide for reliable records, accounts and reports |
14 | of any financial event that occurs in the conduct of table |
15 | games, including reports to the board related to table games. |
16 | (3) Provide for accurate and reliable financial records |
17 | related to table games. |
18 | (4) Establish procedures for all the following: |
19 | (i) The receipt, storage and disbursal of chips, |
20 | cash and cash equivalents used in table games. |
21 | (ii) Conversion of cash equivalents to cash. |
22 | (iii) The redemption of chips and other |
23 | representations of value used in table games and the |
24 | payment of winnings and prizes. |
25 | (iv) The recording of financial transactions |
26 | pertaining to table games. |
27 | (5) Establish procedures for the collection and security |
28 | of cash and cash equivalents at the gaming tables. |
29 | (6) Establish procedures for the recording of and |
30 | transfer of chips and cash equivalents between the gaming |
|
1 | tables and the cashier's cage. |
2 | (7) Establish procedures for the transfer of drop boxes |
3 | from the gaming tables to the count room. |
4 | (8) Establish procedures and security for the counting |
5 | and recording of gross table game revenue. |
6 | (9) Establish procedures for the security, storage and |
7 | recording of cash and cash equivalents utilized in table |
8 | games. |
9 | (10) Establish procedures and security standards for the |
10 | handling and storage of table game devices and associated |
11 | equipment used in connection with table games. |
12 | (11) Establish procedures and rules governing the |
13 | conduct of each table game and the responsibility of |
14 | employees related to table games. |
15 | (12) Establish procedures for the collection and |
16 | recording of revenue from poker and other table games when |
17 | played as nonbanking games, including the type of rake |
18 | utilized and the methodology for calculating the amount of |
19 | permissible rake. |
20 | (13) Ensure that any wagering permitted in the play of a |
21 | table game is implemented only in accordance with the |
22 | certificate holder's general or specific authorization, as |
23 | approved by the board. |
24 | (14) Ensure the proper and timely accounting of gross |
25 | table game revenue and the calculation of gross table game |
26 | revenue, fees, taxes and assessments based on the gross table |
27 | game revenue. |
28 | (15) Maintain accountability for assets, ensure that |
29 | recorded accountability for assets is compared with actual |
30 | assets at reasonable intervals and ensure that appropriate |
|
1 | action is taken with respect to any discrepancies. |
2 | (16) Ensure that all functions, duties and |
3 | responsibilities related to table game operations are |
4 | appropriately segregated and performed in accordance with |
5 | sound financial practices by qualified employees. |
6 | (17) Permit use of its licensed facility by the board, |
7 | the bureau and other persons authorized under this part or by |
8 | the board to facilitate their ability to perform regulatory |
9 | and oversight functions under this chapter. |
10 | (c) Submission to board.--The submission required under |
11 | subsection (a) shall include a detailed description of the |
12 | certificate holder's administrative and accounting procedures |
13 | related to table games, including its written system of internal |
14 | controls. Each written system of internal controls shall |
15 | include: |
16 | (1) An organizational chart depicting appropriate |
17 | functions and responsibilities of employees involved in both |
18 | slot machine operations and table game operations. |
19 | (2) A description of the duties and responsibilities of |
20 | each position shown on the organizational chart. |
21 | (3) The record retention policy of the certificate |
22 | holder. |
23 | (4) The procedure to be utilized to ensure that assets |
24 | are safeguarded, including mandatory count procedures. |
25 | (5) A detailed narrative description of the |
26 | administrative and accounting procedures in place to ensure |
27 | compliance with the requirements of section 1326A (relating |
28 | to cash equivalents). |
29 | (6) A statement signed by the certificate holder's chief |
30 | financial officer or other competent person attesting that |
|
1 | the signatory believes, in good faith, that the system |
2 | satisfies the requirements of this section. |
3 | (d) Review.--Prior to authorizing a certificate holder to |
4 | conduct table games, the board shall review the system of |
5 | internal controls submitted under subsection (c) to determine |
6 | whether it conforms to the requirements of this part and whether |
7 | it provides adequate and effective controls for the conduct of |
8 | table games. |
9 | § 1326A. Cash equivalents. |
10 | (a) Checks.-- |
11 | (1) A certificate holder may accept a check from a |
12 | patron in exchange for cash or chips. The certificate holder |
13 | shall present each check for payment to the financial |
14 | institution upon which the check is drawn within ten days of |
15 | receipt by the certificate holder. No third party checks |
16 | shall be permitted. |
17 | (2) Notwithstanding any law to the contrary, checks |
18 | cashed in conformity with the requirements of this section or |
19 | 13 Pa.C.S. Div. 3 (relating to negotiable instruments) shall |
20 | be valid instruments, enforceable at law in the courts of |
21 | this Commonwealth. Any check cashed, transferred, conveyed, |
22 | given or accepted in violation of this section shall be |
23 | invalid and unenforceable for the purposes of collection by a |
24 | certificate holder but shall be included in the calculation |
25 | of gross table game revenue. |
26 | (b) Notice of fees.--All fees charged for the conversion of |
27 | cash equivalents shall be disclosed. |
28 | (c) Payment of cash equivalents.--Other than credit extended |
29 | by a certificate holder, an instrument that constitutes a cash |
30 | equivalent shall be made payable to the slot machine licensee, |
|
1 | to the bearer or to cash. An instrument made payable to a third |
2 | party shall not be considered a cash equivalent and shall be |
3 | prohibited. |
4 | § 1327A. Other financial transactions. |
5 | (a) Credit.--Notwithstanding section 1504 (relating to |
6 | wagering on credit), a certificate holder may extend interest- |
7 | free, unsecured credit to patrons for the purpose of playing |
8 | slot machines or table games in accordance with this section; |
9 | however, a certificate holder shall not accept credit cards, |
10 | charge cards or debit cards from a patron or player for the |
11 | exchange or purchase or chips, slot machine or table game |
12 | credits or for an advance of coins or currency to be utilized by |
13 | a player to play slot machine or table games. No credit card |
14 | advance machine may be placed on the gaming floor. |
15 | (b) Credit applications.-–Each application for credit |
16 | submitted by a patron to a certificate holder shall be |
17 | maintained in a confidential credit file. The application shall |
18 | include the patron's name, address, telephone number and |
19 | comprehensive bank account information; the requested credit |
20 | limit; the patron's approximate amount of current indebtedness; |
21 | the amount and source of income in support of the application; |
22 | the patron's signature on the application; a certification of |
23 | truthfulness; and any other information deemed relevant by the |
24 | certificate holder. The certificate holder shall notify each |
25 | applicant that, as a condition of receiving credit, the |
26 | certificate holder will verify identity and indebtedness |
27 | information through a credit bureau or casino credit bureau and, |
28 | if appropriate, through direct contact with other slot machine |
29 | licensees. |
30 | (c) Credit application verification.-–Prior to approving an |
|
1 | application for credit, a certificate holder shall verify: |
2 | (1) The identity, creditworthiness and indebtedness |
3 | information of the applicant by conducting a comprehensive |
4 | review of the information submitted with the application and |
5 | any information regarding the applicant's credit activity at |
6 | other licensed facilities which the certificate holder may |
7 | obtain through a casino credit bureau and, if appropriate, |
8 | through direct contact with other slot machine licensees. |
9 | (2) That the applicant's name is not included on an |
10 | exclusion list under section 1514 (relating to regulation |
11 | requiring exclusion of certain persons) or 1516 (relating to |
12 | list of persons self excluded from gaming activities) or the |
13 | voluntary credit suspension list under subsection (h). |
14 | (d) Establishment of credit.-–Upon completion of the |
15 | verification required under subsection (c), a certificate holder |
16 | may grant a patron credit. The certificate holder shall |
17 | establish a credit limit for each patron to whom the certificate |
18 | holder grants credit. Each applicant's credit limit shall be |
19 | approved by two or more employees of the certificate holder |
20 | holding the job positions of credit manager, assistant credit |
21 | manager, credit shift manager, credit executive or a key |
22 | employee in a direct reporting line above the manager or credit |
23 | manager. The approval shall be recorded in the applicant's |
24 | credit file and shall include the reasons and information relied |
25 | on for the approval of credit and verification by the employees |
26 | approving the applicant's credit limit. Increases to an |
27 | individual's credit limit may be approved following a written |
28 | request from the individual and reverification of an |
29 | individual's credit information. |
30 | (e) Recordkeeping.-–Detailed information pertaining to all |
|
1 | transactions affecting an individual's outstanding indebtedness |
2 | to a certificate holder shall be recorded in chronological order |
3 | in the individual's credit file. |
4 | (f) Reduction or suspension of credit.-–A certificate holder |
5 | may reduce an individual's credit limit or suspend credit to an |
6 | individual for any reason. |
7 | (g) Voluntary credit suspension.--An individual may request |
8 | a certificate holder to suspend the individual's credit. Each |
9 | certificate holder shall inform the board when an individual |
10 | requests a suspension of credit and shall provide the board with |
11 | all information necessary to maintain the voluntary credit |
12 | suspension list under subsection (h). |
13 | (h) Voluntary credit suspension list.--The board shall |
14 | maintain a voluntary credit suspension list of all individuals |
15 | who have requested suspension of credit privileges and shall |
16 | provide the list on a continuous basis to the credit department |
17 | of each certificate holder. An individual may request placement |
18 | on the voluntary credit suspension list by submitting to the |
19 | board the individual's name, address and date of birth. The |
20 | individual does not need to provide a reason for the request. |
21 | Notwithstanding any other provision of law to the contrary, the |
22 | board's list of individuals who have had credit privileges |
23 | voluntarily suspended shall be confidential, and neither the |
24 | board nor the credit department of a certificate holder shall |
25 | divulge the name of any individual on this list to any person or |
26 | entity other than those provided for in this subsection. To be |
27 | removed from the list, the individual shall submit a request to |
28 | the board. The board shall remove the individual from the list |
29 | and inform the credit department of each certificate holder not |
30 | later than three business days after the board's receipt of the |
|
1 | request. |
2 | (i) Liability.--A certificate holder or employee thereof |
3 | shall not be liable to any individual on the voluntary credit |
4 | suspension list or to any other party in any judicial proceeding |
5 | for any harm, monetary or otherwise, which may arise as a result |
6 | of: |
7 | (1) the failure of a certificate holder to restore |
8 | credit privileges to an individual on the voluntary credit |
9 | suspension list; or |
10 | (2) otherwise permitting an individual on the voluntary |
11 | credit suspension list to engage in gaming activity in the |
12 | licensed facility while on the voluntary credit suspension |
13 | list. |
14 | (j) Tax liability.--Draws against unsecured credit extended |
15 | to patrons pursuant to this section which become uncollectible |
16 | may not be claimed by a certificate holder as a deduction, |
17 | credit or any other type of reduction or offset against any tax |
18 | imposed by this part or the act of March 4, 1971 (P.L.6, No.2), |
19 | known as the Tax Reform Code of 1971. |
20 | § 1328A. Key employees and occupation permits. |
21 | Nothing in this part shall be construed to require any |
22 | individual who holds a principal license, a key employee license |
23 | or gaming employee license under Chapter 13 (relating to |
24 | licensees) to obtain a separate license or permit to be employed |
25 | in a certificate holder's table game operation authorized under |
26 | this chapter. |
27 | § 1329A. Application of Clean Indoor Air Act. |
28 | For the purpose of section 3(b)(11) of the act of June 13, |
29 | 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the |
30 | term "gaming floor" shall include the areas of any licensed |
|
1 | facility where the slot machine licensee is authorized to place |
2 | and operate slot machines or conduct table games, except such |
3 | areas off the gaming floor where contests or tournaments are |
4 | conducted unless smoking is otherwise permitted in such areas. |
5 | § 1329.1A. Application of Liquor Code. |
6 | The provisions of section 493(24)(ii) of the act of April 12, |
7 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
8 | to table games. |
9 | SUBCHAPTER D |
10 | (RESERVED) |
11 | SUBCHAPTER E |
12 | TABLE GAME TESTING AND CERTIFICATION |
13 | Sec. |
14 | 1341A. Table game device and associated equipment testing and |
15 | certification standards. |
16 | § 1341A. Table game device and associated equipment testing and |
17 | certification standards. |
18 | (a) Expansion of independent testing and certification |
19 | facility.--Within one year of the effective date of this |
20 | section, the board shall expand the independent testing and |
21 | certification facility created under section 1320(b) to include |
22 | the testing and certification of table game devices and |
23 | associated equipment. Costs associated with the expansion of the |
24 | facility shall be assessed on manufacturers licensed to |
25 | manufacture table game devices or associated equipment under |
26 | this part in accordance with a schedule adopted by the board. |
27 | The expanded facility shall be made available to each table game |
28 | device manufacturer and supplier as determined by the board. |
29 | (b) Use of other state standards.--The board may determine |
30 | whether the table game device testing and certification |
|
1 | standards of another jurisdiction within the United States in |
2 | which a manufacturer licensed pursuant to section 1317.1 |
3 | (relating to manufacturer licenses) to manufacture table game |
4 | devices or associated equipment used in connection with table |
5 | games is 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 permit the |
8 | manufacturer appropriately licensed pursuant to section 1317.1 |
9 | to deploy table game devices or associated equipment it |
10 | manufactures which have met the table game device testing and |
11 | certification standards in another jurisdiction without |
12 | undergoing the full testing and certification process by the |
13 | board's independent testing and certification facility. |
14 | SUBCHAPTER F |
15 | (RESERVED) |
16 | SUBCHAPTER G |
17 | TABLE GAME TAXES AND FEES |
18 | Sec. |
19 | 1361A. Table game authorization fee. |
20 | 1362A. Table game taxes. |
21 | 1363A. Local share assessment. |
22 | § 1361A. Table game authorization fee. |
23 | (a) Amount of authorization fee.-- |
24 | (1) A Category 1 or a Category 2 slot machine licensee |
25 | that submits a petition for a table game operation |
26 | certificate under section 1312A (relating to petition |
27 | requirements) on or before June 1, 2010, shall pay a one-time |
28 | nonrefundable authorization fee in the amount of $16,500,000. |
29 | A Category 1 or a Category 2 slot machine licensee that |
30 | submits a petition for a table game operation certificate |
|
1 | under section 1312A after June 1, 2010, shall pay a one-time |
2 | nonrefundable authorization fee in the amount of $24,750,000. |
3 | (2) A Category 3 slot machine licensee that submits a |
4 | petition for a table game operation certificate under section |
5 | 1312A on or before June 1, 2010, shall pay a one-time |
6 | nonrefundable authorization fee in the amount of $7,500,000. |
7 | A Category 3 slot machine licensee that submits a petition |
8 | for a table game operation certificate under section 1312A |
9 | after June 1, 2010, shall pay a one-time nonrefundable |
10 | authorization fee in the amount of $11,250,000. |
11 | (3) Notwithstanding paragraphs (1) and (2), the holder |
12 | of a Category 1 or Category 3 slot machine license issued |
13 | after June 1, 2010, that submits a petition for a table game |
14 | operation certificate shall pay a one-time nonrefundable |
15 | authorization fee in the amount of $16,500,000 or $7,500,000, |
16 | respectively. |
17 | (4) A table game operation certificate shall not be |
18 | subject to renewal or payment of an additional authorization |
19 | fee. |
20 | (b) Payment of fee.--A slot machine licensee that submits a |
21 | petition on or before June 1, 2010, shall pay the required |
22 | authorization fee on or before June 1, 2010. The board may allow |
23 | the fee to be paid in installments, provided all installments |
24 | are paid on or before June 1, 2010. In that event, the board and |
25 | the slot machine licensee shall enter into a written agreement |
26 | setting forth the terms of payment. |
27 | (c) Failure to pay by deadline.--If a petitioner or |
28 | certificate holder fails to pay the required authorization fee |
29 | in full by June 1, 2010, the board shall impose a penalty and |
30 | may grant the petitioner or certificate holder up to a six-month |
|
1 | extension to pay the authorization fee or any remaining portion |
2 | of the authorization fee and the penalty. The board shall |
3 | require the petitioner or certificate holder to make weekly |
4 | payments until the fee and penalty are paid in full. |
5 | (d) Suspension of certificate.--The board shall suspend the |
6 | table game operation certificate if the certificate holder fails |
7 | to pay the total authorization fee and the penalty prior to the |
8 | expiration of an extension period granted under subsection (c). |
9 | The suspension shall remain in effect until final payment is |
10 | made. |
11 | (e) (Reserved). |
12 | (f) Deposit of fees.–-Notwithstanding section 1208 (relating |
13 | to collection of fees and fines), all table game authorization |
14 | fees or penalties received by the board under this subchapter; |
15 | all table game device and associated equipment manufacturer and |
16 | supplier license fees; all table game device or associated |
17 | equipment manufacturer and supplier renewal fees; and fees for |
18 | licenses issued under Chapter 16 (relating to junkets) shall be |
19 | deposited in the General Fund. |
20 | § 1362A. Table game taxes. |
21 | (a) Imposition.-- |
22 | (1) Except as provided in paragraphs (2) and (3), each |
23 | certificate holder shall report to the department and pay |
24 | from its daily gross table game revenue, on a form and in the |
25 | manner prescribed by the department, a tax of 12% of its |
26 | daily gross table game revenue. |
27 | (2) In addition to the tax payable under paragraph (1), |
28 | each certificate holder shall report to the department and |
29 | pay from its daily gross table game revenue, on a form and in |
30 | the manner prescribed by the department, a tax of 34% of its |
|
1 | daily gross table game revenue from each table game played on |
2 | a fully automated electronic gaming table. |
3 | (3) The tax reported and payable under paragraph (1) by |
4 | each certificate holder shall be 14% of daily gross table |
5 | game revenue for a period of two years following commencement |
6 | of table games operations at its licensed facility. |
7 | (b) Deposits and distributions.-– |
8 | (1) The tax imposed under subsection (a) shall be |
9 | payable to the department on a weekly basis and shall be |
10 | based upon gross table game revenue derived during the |
11 | previous week. |
12 | (2) All funds owed to the Commonwealth under this |
13 | section shall be held in trust for the Commonwealth by the |
14 | certificate holder until the funds are paid to the |
15 | department. Unless otherwise agreed to by the board, a |
16 | certificate holder shall establish a separate bank account |
17 | into which gross table game revenue shall be deposited and |
18 | maintained until such time as the funds are paid to the |
19 | department under this section or paid into the fund under |
20 | section 1363A(a) (relating to local share assessment). |
21 | (3) The tax imposed under subsection (a) shall be |
22 | deposited into the General Fund. |
23 | (c) Deposits for property tax relief.--If, on the last day |
24 | of a fiscal year the balance of the Budget Stabilization Reserve |
25 | Fund established pursuant to section 1701-A of the act of April |
26 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
27 | $750,000,000, as certified by the Secretary of the Budget, the |
28 | deposits made into the General Fund pursuant to subsection (b) |
29 | (3) shall cease and thereafter be deposited into the Property |
30 | Tax Relief Fund established pursuant to section 1409 (relating |
|
1 | to Property Tax Relief Fund). |
2 | § 1363A. Local share assessment. |
3 | (a) Required payment.--In addition to the tax imposed under |
4 | section 1362A (relating to table game taxes), each certificate |
5 | holder shall pay on a weekly basis and on a form and in a manner |
6 | prescribed by the department a local share assessment into a |
7 | restricted receipts account established within the fund. All |
8 | funds owed under this section shall be held in trust by the |
9 | certificate holder until the funds are paid into the account. |
10 | Funds in the account are hereby appropriated to the department |
11 | on a continuing basis for the purposes set forth in this |
12 | section. |
13 | (b) Distributions to counties.--The department shall make |
14 | quarterly distributions from the local share assessments |
15 | deposited into the fund under subsection (a) to counties, |
16 | including home rule counties, hosting a licensed facility |
17 | authorized to conduct table games under this chapter in |
18 | accordance with the following: |
19 | (1) If the licensed facility is a Category 1 licensed |
20 | facility located at a harness racetrack and the county, |
21 | including a home rule county, in which the licensed facility |
22 | is located is: |
23 | (i) A county of the third class: 50% of the |
24 | licensed facility's local share assessment shall be added |
25 | to and distributed with the funds distributed under |
26 | section 1403(c)(2)(i)(D) (relating to establishment of |
27 | State Gaming Fund and net slot machine revenue |
28 | distribution). |
29 | (ii) A county of the second class A: 50% of the |
30 | licensed facility's local share assessment shall be |
|
1 | distributed to the county. |
2 | (iii) A county of the fourth class: 50% of the |
3 | licensed facility's local share assessment shall be added |
4 | to the funds in the restricted receipts account |
5 | established pursuant to section 1403(c)(2)(i)(E) for |
6 | distribution with those funds. |
7 | (iv) A county of the fifth class: 50% of the |
8 | licensed facility's local share assessment shall be added |
9 | to the funds in the restricted receipts account |
10 | established pursuant to section 1403(c)(2)(i)(F) for |
11 | distribution with those funds. |
12 | (2) If the facility is a Category 1 licensed facility |
13 | that is located at a thoroughbred racetrack and the county in |
14 | which the licensed facility is located is: |
15 | (i) A county of the second class A: 50% of the |
16 | licensed facility's local share assessment shall be |
17 | distributed to the county to be further distributed as |
18 | grants to a nonprofit hospital in a first class township |
19 | that is contiguous to the municipality in which the |
20 | licensed facility is located. If the nonprofit hospital |
21 | ceases to exist, 50% of the licensed facility's local |
22 | share assessment shall be distributed to the county in |
23 | which the licensed facility is located. |
24 | (ii) Except as set forth in subparagraph (iii), a |
25 | county of the third class: 50% of the licensed |
26 | facility's local share assessment shall be distributed to |
27 | the county to be used solely to fund the establishment of |
28 | a county violent crime task force to reduce gang |
29 | violence, gun trafficking and violence and drug-related |
30 | crimes in the county. The district attorney shall |
|
1 | appoint, direct and coordinate the operations and |
2 | personnel of the task force. |
3 | (iii) A county of the third class which is also a |
4 | home rule county: 100% of the licensed facility's local |
5 | share assessment shall be distributed to a community |
6 | college that is established in the county after the |
7 | effective date of this subparagraph and prior to January |
8 | 1, 2014, to be used by the community college for |
9 | organizational, administrative, operating and capital |
10 | expenditures and the payment of principal, interest and |
11 | expenses related to indebtedness, subject to the |
12 | following: |
13 | (A) Until January 1, 2014, or until a community |
14 | college is established after the effective date of |
15 | this subparagraph prior to January 1, 2014, whichever |
16 | occurs first, 100% of the licensed facility's local |
17 | share assessment shall be distributed to the county |
18 | redevelopment authority to be deposited and |
19 | maintained by the county redevelopment authority in a |
20 | restricted receipts account. The funds may be |
21 | invested by the county redevelopment authority as |
22 | permitted by law, and any interest earned on the |
23 | funds and investment income derived from the funds |
24 | shall be deposited into the restricted receipts |
25 | account. The funds in the restricted receipts account |
26 | shall be distributed as provided in clause (B) or |
27 | used as provided in clause (C), as applicable. |
28 | (B) If a community college is established in the |
29 | county following the effective date of this |
30 | subparagraph and prior to January 1, 2014, the funds |
|
1 | in the restricted receipts account established under |
2 | clause (A) shall be distributed in their entirety by |
3 | the county redevelopment authority to the community |
4 | college no later than 60 days following the date of |
5 | the establishment of the community college. |
6 | (C) If a community college is not established in |
7 | the county following the effective date of this |
8 | subparagraph and prior to January 1, 2014, beginning |
9 | January 1, 2014, 100% of the licensed facility's |
10 | local share assessment shall be distributed to the |
11 | county redevelopment authority to be deposited into |
12 | the restricted receipts account established under |
13 | clause (A) and all funds in the restricted receipts |
14 | account shall be used by the county redevelopment |
15 | authority for a revolving loan program available to |
16 | municipalities within the county for infrastructure |
17 | projects, including, but not limited to, water, |
18 | sewer, storm water management, flood control, roads, |
19 | broadband Internet access, site remediation and |
20 | public utility infrastructure in areas other than a |
21 | public utility's own facilities. The county |
22 | redevelopment authority may use funds from the |
23 | revolving loan program for expenses related to the |
24 | cost to administer the revolving loan program in an |
25 | amount not in excess of 0.5% of the revolving loan |
26 | program portfolio in a given calendar year. A |
27 | municipality may not use funds received under the |
28 | revolving loan program for general budget or |
29 | operating expenses. The county redevelopment |
30 | authority shall develop loan program criteria and |
|
1 | guidelines consistent with the provisions of this |
2 | clause. |
3 | (D) For purposes of this subparagraph, a |
4 | community college shall be considered to be |
5 | established on the date on which the proposed |
6 | community college plan is approved by the State Board |
7 | of Education within the meaning of section 1903-A(c) |
8 | of the act of March 10, 1949 (P.L.30, No.14), known |
9 | as the Public School Code of 1949, notwithstanding |
10 | the fact that a board of trustees of the community |
11 | college may not have yet been appointed by the |
12 | governing bodies of the local sponsor of the |
13 | community college. |
14 | (3) If the facility is a Category 2 licensed facility |
15 | and if the county in which the licensed facility is located |
16 | is: |
17 | (i) A county of the first class: 100% of the |
18 | licensed facility's local share assessment shall be added |
19 | to and distributed with the funds distributed under |
20 | section 1403(c)(2)(iii)(A). |
21 | (ii) A county of the second class: 50% of the |
22 | licensed facility's local share assessment shall be |
23 | distributed as follows: |
24 | (A) Eighty-five percent shall be deposited into |
25 | a restricted receipts account to be established in |
26 | the Department of Education for distribution pursuant |
27 | to the act of June 14, 1961 (P.L.324, No.188), known |
28 | as The Library Code, for grants to an established |
29 | library system in the county but outside a city of |
30 | the second class. Funds made available under this |
|
1 | clause shall be in addition to any funding provided |
2 | to such libraries pursuant to the act of April 9, |
3 | 1929 (P.L.343, No.176), known as The Fiscal Code; the |
4 | Public School Code of 1949; and The Library Code. |
5 | Notwithstanding The Library Code, in making |
6 | distributions from funds made available under this |
7 | clause, the library system shall distribute the funds |
8 | as follows: |
9 | (I) At least 80% shall be distributed to |
10 | libraries in the library system in the county but |
11 | outside a city of the second class on a per |
12 | capita basis of the population of the county |
13 | based on the most recent decennial census |
14 | excluding a city of the second class. |
15 | (II) At least 15% but not more than 20% |
16 | shall be distributed to libraries in the library |
17 | system in each city, borough, town or township in |
18 | the county outside a city of the second class, |
19 | which has a market value per capita below the |
20 | fifth percentile of all cities, boroughs, towns |
21 | or townships, with comparable classifications. |
22 | The market value per capita and percentiles under |
23 | this subclause shall be as determined annually by |
24 | the State Tax Equalization Board. |
25 | (III) Not more than 5% may be used to defray |
26 | the reasonable and necessary administrative costs |
27 | of the library system in administering the funds, |
28 | as determined by the Department of Education. |
29 | (IV) If, after the distribution and use |
30 | under subclauses (I), (II) and (III), funds are |
|
1 | still available for distribution under this |
2 | clause, those funds shall be shall be distributed |
3 | to libraries in the library system in the county |
4 | but outside a city of the second class on a per |
5 | capita basis of the population of the county |
6 | based on the most recent decennial census |
7 | excluding a city of the second class. |
8 | (B) Fifteen percent to a recognized tourist |
9 | promotion agency that is established by a home rule |
10 | municipality that was formerly a township or borough |
11 | located in the county pursuant to the act of July 4, |
12 | 2008 (P.L.621, No.50), known as the Tourist Promotion |
13 | Act, and recognized by the Department of Community |
14 | and Economic Development and the home rule |
15 | municipality. |
16 | (iii) A county of the third class where a city of |
17 | the third class hosting the licensed facility is located |
18 | in two counties of the third class: 50% of the licensed |
19 | facility's local share assessment shall be distributed as |
20 | follows: |
21 | (A) Sixty percent to the county in which the |
22 | licensed facility is located for economic development |
23 | projects, community improvement projects and other |
24 | projects in the public interest within the county. |
25 | (B) Twenty percent to the nonhost city of the |
26 | third class in the county in which the licensed |
27 | facility is located. |
28 | (C) Twenty percent to the nonhost county in |
29 | which the host city is located, of which 50% shall be |
30 | used solely for grants to municipalities that are |
|
1 | contiguous to the host city for economic development |
2 | projects, community improvement projects and other |
3 | projects in the public interest. |
4 | (iv) A county of the fifth class: 50% of the |
5 | licensed facility's local share assessment shall be |
6 | distributed as follows: |
7 | (A) Fifty percent shall be added to the funds in |
8 | the restricted receipts account established pursuant |
9 | to section 1403(c)(2)(iii)(F)(I) for distribution |
10 | with those funds. |
11 | (B) Fifty percent shall be transferred to the |
12 | Pennsylvania Higher Education Assistance Agency for |
13 | deposit into a restricted receipts account to be used |
14 | exclusively for grants to a school of medicine |
15 | located in a city of the second class A within a |
16 | county of the third class for operating costs |
17 | associated with the school of medicine. |
18 | (4) The following apply: |
19 | (i) If the facility is a Category 3 licensed |
20 | facility located in a county of the second class A: 50% |
21 | of the licensed facility's local share assessment shall |
22 | be deposited into a restricted receipts account to be |
23 | established in the Commonwealth Financing Authority to be |
24 | used exclusively for grants or guarantees for projects in |
25 | the 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 Program) |
28 | and 1558 (relating to Water Supply and Waste Water |
29 | Infrastructure Program). |
30 | (ii) Except as provided in subparagraph (i), if the |
|
1 | facility is a Category 3 licensed facility in a county of |
2 | any class: 50% of the licensed facility's local share |
3 | assessment shall be added to the funds in the restricted |
4 | receipts account established under section 1403(c)(2)(iv) |
5 | for distribution with those funds. |
6 | (5) Except as otherwise provided in this subsection, if |
7 | the facility is a Category 1 or a Category 2 licensed |
8 | facility in a county of any class: 50% of the licensed |
9 | facility's local share assessment shall be distributed in |
10 | accordance with section 1403(c) based upon the category and |
11 | type of licensed facility and the classification of the |
12 | county where the licensed facility is located. |
13 | (c) Distributions to municipalities.--The department shall |
14 | make quarterly distributions from the local share assessments |
15 | deposited into the fund under subsection (a) to municipalities, |
16 | including home rule municipalities, hosting a licensed facility |
17 | authorized to conduct table games under this chapter in |
18 | accordance with the following: |
19 | (1) If the licensed facility is a Category 2 licensed |
20 | facility and is located in a city of the second class, 50% of |
21 | the licensed facility's local share assessment shall be |
22 | deposited into a restricted receipts account to be |
23 | established in the Department of Education for distribution |
24 | pursuant to The Library Code for grants to an established |
25 | local library in the city for the purpose of maintaining the |
26 | library branch system . Funds made available under this |
27 | clause shall be in addition to any funding provided to such |
28 | libraries pursuant to The Fiscal Code, the Public School Code |
29 | of 1949 and The Library Code. Beginning July 1, 2011, if the |
30 | established local library fails to maintain the number of |
|
1 | library branches operating within its system on June 30, |
2 | 2011, 50% of the licensed facility's local share assessment |
3 | shall be distributed to the city to be used solely to fund |
4 | the accrued liability of all pension plans maintained by the |
5 | city. |
6 | (2) If the licensed facility is a Category 1 licensed |
7 | facility located at a harness racetrack in a city of the |
8 | third class, 50% of the licensed facility's local share |
9 | assessment shall be distributed to the city for the purpose |
10 | of making payments to enable the city and other |
11 | municipalities in the school district in which the city is |
12 | located to become and remain local sponsors or members of a |
13 | community college. Payments may include initial buy-in costs, |
14 | including payment of debt service to fund the initial buy-in, |
15 | and annual local sponsor share payments to the community |
16 | college. Any funds remaining following the payment of all |
17 | local sponsorship, membership and other costs authorized |
18 | under this paragraph may be retained by the city and used for |
19 | any lawful purpose. |
20 | (3) If a licensed facility is a Category 2 facility and |
21 | is located in a city of the third class and the city is |
22 | located in more than one county of the third class, 50% of |
23 | the licensed facility's local share assessment shall be |
24 | distributed as follows: |
25 | (i) 50% to the host city; |
26 | (ii) 20% to a city of the third class located solely |
27 | in the nonhost county in which the host city of the third |
28 | class is also located; and |
29 | (iii) 30% to a nonhost city of the third class |
30 | located solely in the host county. |
|
1 | (4) If the licensed facility is a Category 1 licensed |
2 | facility located at a harness racetrack in a township of the |
3 | first class, 50% of the licensed facility's local share |
4 | assessment shall be distributed to the township, subject, |
5 | however, to the budgetary limitation in this paragraph. The |
6 | amount distributed to the township shall not exceed 50% of |
7 | the township's total budget for fiscal year 2009, adjusted |
8 | for inflation in subsequent years by an amount not to exceed |
9 | an annual cost-of-living adjustment calculated by applying |
10 | the percentage change in the Consumer Price Index immediately |
11 | prior to the date the adjustment is due to take effect. Any |
12 | funds not distributed to the township because of the |
13 | budgetary limitation shall be distributed in accordance with |
14 | subsection (b) based upon the classification of the county |
15 | where the licensed facility is located. |
16 | (5) The following apply: |
17 | (i) Except as provided in subparagraphs (ii) and |
18 | (iii), if the licensed facility is a Category 1 or |
19 | Category 2 licensed facility and is located in a township |
20 | of the second class, 50% of the licensed facility's local |
21 | share assessment shall be distributed to the township, |
22 | subject, however, to the budgetary limitation in this |
23 | subparagraph. The amount distributed to the township |
24 | shall not exceed 50% of the township's total budget for |
25 | fiscal year 2009, adjusted for inflation in subsequent |
26 | years by an amount not to exceed an annual cost-of-living |
27 | adjustment calculated by applying the percentage change |
28 | in the Consumer Price Index immediately prior to the date |
29 | the adjustment is due to take effect. Any funds not |
30 | distributed to the township because of the budgetary |
|
1 | limitation shall be distributed in accordance with |
2 | subsection (b) based upon the classification of county |
3 | where the licensed facility is located. No funds shall be |
4 | distributed under this subparagraph to a township of the |
5 | second class located in a county of the third class |
6 | receiving any funds under subsection (b)(2)(iii). |
7 | (ii) If the licensed facility is a Category 1 |
8 | licensed facility located at a thoroughbred racetrack in |
9 | a township of the second class in a county of the second |
10 | class A, 50% of the licensed facility's local share |
11 | assessment shall be distributed to the township of the |
12 | second class, subject, however, to the budgetary |
13 | limitation in this subparagraph. The amount distributed |
14 | shall not exceed 50% of the department's total budget for |
15 | fiscal year 2009, adjusted for inflation in subsequent |
16 | years by an amount not to exceed an annual cost-of-living |
17 | adjustment calculated by applying the percentage change |
18 | in the Consumer Price Index immediately prior to the date |
19 | the adjustment is due to take effect. Any funds not |
20 | distributed to the recreation department because of the |
21 | budgetary limitation shall be distributed in accordance |
22 | with subsection (b) based upon the classification of |
23 | county where the licensed facility is located. |
24 | (iii) If the licensed facility is a Category 1 |
25 | licensed facility located at a thoroughbred racetrack in |
26 | a township of the second class in a county of the third |
27 | class with a population of not less than 200,000 but not |
28 | more than 260,000 where the licensed facility and all |
29 | attached or contiguous acreage owned by the licensed |
30 | facility is located in more than one township of the |
|
1 | second class, 50% of the licensed facility's local share |
2 | assessment shall be distributed as follows: |
3 | (A) $120,000 of the licensed facility's local |
4 | share assessment shall be distributed annually to |
5 | each such township of the second class; and |
6 | (B) remaining funds shall be added to and |
7 | distributed with the funds distributed to the county |
8 | under subsection (b)(2)(ii). |
9 | (6) The following apply: |
10 | (i) If the licensed facility is a Category 3 |
11 | licensed facility and is located in a borough in a county |
12 | of the third class and the borough is contiguous to a |
13 | city of the third class: |
14 | (A) Twenty-five percent of the licensed |
15 | facility's local share assessment shall be |
16 | distributed to the host borough, subject to clause |
17 | (C). |
18 | (B) Twenty-five percent of the licensed |
19 | facility's local share assessment shall be |
20 | distributed to the city of the third class that is |
21 | contiguous to the host borough, subject to clause |
22 | (C). |
23 | (C) The amount distributed to the borough or the |
24 | city shall not exceed 50% of the borough's or the |
25 | city's total budget for fiscal year 2009, adjusted |
26 | for inflation in subsequent years by an amount not to |
27 | exceed an annual cost-of-living adjustment calculated |
28 | by applying the percentage change in the Consumer |
29 | Price Index immediately prior to the date the |
30 | adjustment is due to take effect. Any funds not |
|
1 | distributed to the borough or the city because of the |
2 | budgetary limitation shall be distributed in |
3 | accordance with subsection (b) based upon the |
4 | classification of the county where the licensed |
5 | facility is located. |
6 | (ii) Except as provided in subparagraph (i), if the |
7 | licensed facility is a Category 3 licensed facility and |
8 | is located in a municipality of any class, 50% of the |
9 | licensed facility's local share assessment shall be |
10 | distributed to the municipality, subject, however, to the |
11 | budgetary limitation in this subparagraph. The amount |
12 | distributed to the municipality shall not exceed 50% of |
13 | the municipality's total budget for fiscal year 2009, |
14 | adjusted for inflation in subsequent years by an amount |
15 | not to exceed an annual cost-of-living adjustment |
16 | calculated by applying the percentage change in the |
17 | Consumer Price Index immediately prior to the date the |
18 | adjustment is due to take effect. Any funds not |
19 | distributed to the municipality because of the budgetary |
20 | limitation shall be distributed in accordance with |
21 | subsection (b) based upon the classification of county |
22 | where the licensed facility is located. |
23 | (7) Except as otherwise provided in this subsection, if |
24 | the facility is a Category 1 or a Category 2 licensed |
25 | facility in a municipality of any class, 50% of the licensed |
26 | facility's local share assessment shall be distributed to the |
27 | municipality, subject, however, to the budgetary limitation |
28 | in this paragraph. The amount distributed to the municipality |
29 | shall not exceed 50% of the municipality's total budget for |
30 | fiscal year 2009 adjusted for inflation in subsequent years |
|
1 | by an amount not to exceed the annual cost-of-living |
2 | adjustment calculated by applying the percentage change in |
3 | the Consumer Price Index immediately prior to the date the |
4 | adjustment is due to take effect. Any funds not distributed |
5 | to the municipality because of the budgetary limitation shall |
6 | be distributed in accordance with subsection (b) based upon |
7 | the classification of county where the licensed facility is |
8 | located. |
9 | (d) Construction.--The following shall apply to |
10 | distributions provided for in this section: |
11 | (1) Distributions to counties shall be based upon county |
12 | classifications in effect on the effective date of this |
13 | section and any reclassification of a county as a result of a |
14 | Federal decennial census or pursuant to an act of the General |
15 | Assembly shall not apply to this section unless the act of |
16 | the General Assembly specifically provides otherwise. |
17 | (2) Distributions to municipalities shall be based upon |
18 | municipal classifications in effect on the effective date of |
19 | this section and any reclassification of a municipality as a |
20 | result of a Federal decennial census or pursuant to an act of |
21 | the General Assembly shall not apply to this section unless |
22 | the act of the General Assembly specifically provides |
23 | otherwise. |
24 | (e) Miscellaneous provisions.-- |
25 | (1) If any provision of this section is found to be |
26 | unenforceable for any reason, the distribution provided for |
27 | in such unenforceable provision shall be made to the |
28 | municipality in which the licensed facility is located. |
29 | (2) References to the Consumer Price Index shall mean |
30 | the Consumer Price Index for All Urban Consumers for the |
|
1 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
2 | most recent 12-month period for which figures have been |
3 | officially reported by the United States Department of Labor, |
4 | Bureau of Labor Statistics. |
5 | (3) A person or its affiliated entity or a political |
6 | subdivision may not compensate or incur an obligation to |
7 | compensate a person to engage in lobbying for compensation |
8 | contingent in whole or in part upon the approval, award, |
9 | receipt or denial of funds under this section. A person or |
10 | its affiliated entity may not engage in or agree to engage in |
11 | lobbying for compensation contingent in whole or in part upon |
12 | the approval, award, receipt or denial of funds under this |
13 | section. A violation of this paragraph shall be considered an |
14 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
15 | penalties). This paragraph shall not apply to a county or |
16 | municipality that compensates a person to prepare a grant |
17 | application for funds under this section if all of the |
18 | following requirements are met: |
19 | (i) The person is not identified in the application. |
20 | (ii) The person has no direct contact with the |
21 | agency, county or municipality providing the funding. |
22 | (iii) The person is paid a fixed fee or percentage |
23 | of the amount of any funds approved, awarded or received |
24 | of up to 0.5%. |
25 | (4) In cooperation with the department, the Office of |
26 | the Budget and the Commonwealth Financing Authority, the |
27 | Department of Community and Economic Development shall submit |
28 | an annual report on all distributions of local share |
29 | assessments to counties and municipalities under this section |
30 | to the chairman and minority chairman of the Appropriations |
|
1 | Committee of the Senate, the chairman and the minority |
2 | chairman of the Community, Economic and Recreational |
3 | Development Committee of the Senate, the chairman and the |
4 | minority chairman of the Appropriations Committee of the |
5 | House of Representatives and the chairman and minority |
6 | chairman of the Gaming Oversight Committee of the House of |
7 | Representatives. |
8 | (5) All counties and municipalities receiving |
9 | distributions of local share assessments under this section |
10 | shall submit an annual report to the Department of Community |
11 | and Economic Development on a form prepared by the Department |
12 | of Community and Economic Development that sets forth the |
13 | amount and use of the funds received for the prior calendar |
14 | year. The report shall set forth whether the funds received |
15 | were deposited into the county's or municipality's general |
16 | fund or committed to a specific project or use. The report |
17 | shall be submitted by August 31, 2010, and by August 31 of |
18 | each year thereafter. |
19 | (f) Definitions.--As used in this section, the following |
20 | words and phrases shall have the meanings given to them in this |
21 | subsection: |
22 | "Community college." The term shall have the meaning |
23 | ascribed to it in section 1901-A(4) of the act of March 10, 1949 |
24 | (P.L.30, No.14), known as the Public School Code of 1949. |
25 | "Local share assessment." Two percent of a certificate |
26 | holder's daily gross table game revenue. |
27 | Section 11.2. Sections 1401(b), 1402(a) and 1402.1 of Title |
28 | 4 are amended to read: |
29 | § 1401. Slot machine licensee deposits. |
30 | * * * |
|
1 | (b) Initial deposit of funds.--Not later than two business |
2 | days prior to the commencement of slot machine operations by a |
3 | slot machine licensee, [the] a slot machine licensee shall |
4 | deposit and maintain the [sum of $5,000,000] following sums in |
5 | its account to guarantee the payment of funds to the |
6 | Commonwealth under this part and as security for its obligations |
7 | under section 1405 (relating to Pennsylvania Race Horse |
8 | Development Fund)[.]: |
9 | (1) For a Category 1 or Category 2 slot machine |
10 | licensee, $1,500,000. |
11 | (2) For a Category 3 slot machine licensee, $1,000,000. |
12 | No additional minimum deposit shall be required from a slot |
13 | machine licensee if a slot machine licensee is granted a table |
14 | game operation certificate under Chapter 13A (relating to table |
15 | games). |
16 | * * * |
17 | § 1402. Gross terminal revenue deductions. |
18 | (a) Deductions.--After determining the appropriate |
19 | assessments for each slot machine licensee, the department shall |
20 | determine costs, expenses or payments from each account |
21 | established under section 1401 (relating to slot machine |
22 | licensee deposits). The following costs and expenses shall be |
23 | transferred to the appropriate agency upon appropriation by the |
24 | General Assembly: |
25 | (1) The costs and expenses to be incurred by the |
26 | department in administering this part at each slot machine |
27 | licensee's licensed facility based upon a budget submitted by |
28 | the department [to and approved by the board] under section |
29 | 1402.1 (relating to itemized budget reporting). |
30 | (2) The other costs and expenses to be incurred by the |
|
1 | department in administering this part based upon a budget |
2 | submitted by the department [to and approved by the board] |
3 | under section 1402.1. |
4 | (3) Sums necessary to repay any loans made by the |
5 | General Fund to the department in connection with carrying |
6 | out its responsibilities under this part, including the costs |
7 | of the initial acquisition of the central control computer |
8 | and any accessories or associated equipment. |
9 | (4) The costs and expenses to be incurred by the |
10 | Pennsylvania State Police and the Office of Attorney General |
11 | and not otherwise reimbursed under this part in carrying out |
12 | their respective responsibilities under this part based upon |
13 | [a budget] budgets submitted by the Pennsylvania State Police |
14 | and the Attorney General [to and approved by the board] under |
15 | section 1402.1. |
16 | (5) Sums necessary to repay any loans made by the |
17 | General Fund to the Pennsylvania State Police in connection |
18 | with carrying out its responsibilities under this part. |
19 | (6) The costs and expenses to be incurred by the board |
20 | in carrying out its responsibilities under this part based |
21 | upon a budget [approved] submitted by the board under section |
22 | 1402.1. |
23 | (7) Sums necessary to repay any loans made by the |
24 | General Fund to the board in connection with carrying out its |
25 | responsibilities under this part. |
26 | * * * |
27 | § 1402.1. Itemized budget reporting. |
28 | (a) Submission.--The board, department, Pennsylvania State |
29 | Police and [the] Office of Attorney General shall prepare and |
30 | annually submit to the chairman of the Appropriations Committee |
|
1 | of the Senate and the chairman of the Appropriations Committee |
2 | of the House of Representatives an itemized budget consisting of |
3 | amounts to be appropriated out of the accounts established under |
4 | section 1401 (relating to slot machine licensee deposits) |
5 | necessary to administer this part. The department, Pennsylvania |
6 | State Police and Office of Attorney General shall provide copies |
7 | of their itemized budgets to the board at the same time they are |
8 | submitted to the chairmen of the committees. |
9 | (b) Analyses and recommendations.--As soon as practicable |
10 | after receiving copies of the itemized budgets submitted under |
11 | subsection (a), the board shall prepare and submit to the |
12 | chairmen of the committees analyses of, and make recommendations |
13 | regarding, the itemized budgets. |
14 | Section 11.3. Section 1403(b), (c)(2)(i)(D), (E) and (F), |
15 | (iii)(F) and (iv) and (3)(v) and (viii) of Title 4 are amended |
16 | and the section is amended by adding subsections to read: |
17 | § 1403. Establishment of State Gaming Fund and net slot machine |
18 | revenue distribution. |
19 | * * * |
20 | (b) Slot machine tax.--The department shall determine and |
21 | each slot machine licensee shall pay a daily tax of 34% from its |
22 | daily gross terminal revenue from the slot machines in operation |
23 | at its facility and a local share assessment as provided in |
24 | subsection (c) [into the fund]. All funds owed to the |
25 | Commonwealth, a county or a municipality under this section |
26 | shall be held in trust by the licensed gaming entity for the |
27 | Commonwealth, the county and the municipality until the funds |
28 | are paid or transferred [and distributed] to the fund. Unless |
29 | otherwise agreed to by the [Gaming Board] board, a licensed |
30 | gaming entity shall establish a separate bank account to |
|
1 | maintain [gaming proceeds] gross terminal revenue until such |
2 | time as [they] the funds are paid or transferred under this |
3 | section. Moneys in the fund are hereby appropriated to the |
4 | department on a continuing basis for the purposes set forth in |
5 | subsection (c). |
6 | (c) Transfers and distributions.--The department shall: |
7 | * * * |
8 | (2) From the local share assessment established in |
9 | subsection (b), make quarterly distributions among the |
10 | counties hosting a licensed facility in accordance with the |
11 | following schedule: |
12 | (i) If the licensed facility is a Category 1 |
13 | licensed facility that is located at a harness racetrack |
14 | and the county, including a home rule county, in which |
15 | the licensed facility is located is: |
16 | * * * |
17 | (D) (I) A county of the third class: Except as |
18 | provided in subclause (II), 2% of the gross |
19 | terminal revenue from each such licensed facility |
20 | shall be deposited into a restricted receipts |
21 | account to be established in the [Department of |
22 | Community and Economic Development] Commonwealth |
23 | Financing Authority to be used exclusively for |
24 | grants for [health, safety and economic |
25 | development projects] projects in the public |
26 | interest to municipalities within the county |
27 | where the licensed facility is located. |
28 | [Municipalities that are contiguous to the |
29 | municipality hosting such licensed facility shall |
30 | be given priority by the Department of Community |
|
1 | and Economic Development in the award of such |
2 | grants.] |
3 | (I.1) Priority shall be given to multiyear |
4 | projects approved or awarded by the Department of |
5 | Community and Economic Development under |
6 | subclause (I) on or before the effective date of |
7 | this subclause. |
8 | (II) If a licensed facility is located in |
9 | one of two counties of the third class where a |
10 | city of the third class is located in both |
11 | counties of the third class, the county in which |
12 | the licensed facility is located shall receive |
13 | 1.2% of the gross terminal revenue to be |
14 | distributed as follows: 20% to the host city, |
15 | 30% to the host county and 50% to the host county |
16 | for the purpose of making municipal grants within |
17 | the county, with priority given to municipalities |
18 | contiguous to the host city. The county of the |
19 | third class, which includes a city of the third |
20 | class that is located in two counties of the |
21 | third class and is not the host county for the |
22 | licensed facility, shall receive .8% of the gross |
23 | terminal revenue to be distributed as follows: |
24 | 60% to a nonhost city of the third class located |
25 | solely in the nonhost county in which the host |
26 | city of the third class is also located or 60% to |
27 | the nonhost city of the third class located both |
28 | in the host and nonhost counties of the third |
29 | class, 35% to the nonhost county and 5% to the |
30 | nonhost county for the purpose of making |
|
1 | municipal grants within the county. |
2 | (E) A county of the fourth class: 2% of the |
3 | gross terminal revenue from each such licensed |
4 | facility shall be distributed as follows: |
5 | (I) The department shall make distributions |
6 | directly to each municipality within the county, |
7 | except the host municipality, by using a formula |
8 | equal to the sum of $25,000 plus $10 per resident |
9 | of the municipality using the most recent |
10 | population figures provided by the Department of |
11 | Community and Economic Development, provided, |
12 | however, that the amount so distributed to any |
13 | municipality shall not exceed 50% of its total |
14 | budget for fiscal year 2009, adjusted for |
15 | inflation in subsequent fiscal years by an amount |
16 | not to exceed an annual cost-of-living adjustment |
17 | calculated by applying any upward percentage |
18 | change in the Consumer Price Index immediately |
19 | prior to the date the adjustment is due to take |
20 | effect. Distributions to a municipality in |
21 | accordance with this subclause shall be deposited |
22 | into a special fund which shall be established by |
23 | the municipality. The governing body of the |
24 | municipality shall have the right to draw upon |
25 | the special fund for any lawful purpose provided |
26 | that the municipality identifies the fund as the |
27 | source of the expenditure. Each municipality |
28 | shall annually submit a report to the Department |
29 | of Community and Economic Development detailing |
30 | the amount and purpose of each expenditure made |
|
1 | from the special fund during the prior fiscal |
2 | year. |
3 | (II) Any funds not distributed under |
4 | subclause (I) shall be deposited into a |
5 | restricted receipts account established in the |
6 | Department of Community and Economic Development |
7 | to be used exclusively for grants to the county, |
8 | to economic development authorities or |
9 | redevelopment authorities within the county for |
10 | grants for economic development projects, |
11 | infrastructure projects, job training, community |
12 | improvement projects, other projects in the |
13 | public interest, and necessary and reasonable |
14 | administrative costs. Notwithstanding the |
15 | provisions of the act of February 9, 1999 (P.L.1, |
16 | No.1), known as the Capital Facilities Debt |
17 | Enabling Act, grants made under this clause may |
18 | be utilized as local matching funds for other |
19 | grants or loans from the Commonwealth. |
20 | (F) Counties of the fifth through eighth |
21 | classes: |
22 | (I) Except as set forth in subclause (II), |
23 | 2% of the gross terminal revenue from each such |
24 | licensed facility shall be deposited into a |
25 | restricted account established in the Department |
26 | of Community and Economic Development to be used |
27 | exclusively for grants to the county. |
28 | (II) If the licensed facility is located in |
29 | a second class township in a county of the fifth |
30 | class, 2% of the gross terminal revenue from the |
|
1 | licensed facility shall be distributed as |
2 | follows: |
3 | (a) 1% shall be deposited into a |
4 | restricted receipts account to be established |
5 | in the Commonwealth Financing Authority to be |
6 | used exclusively for grants for projects in |
7 | the public interest to municipalities within |
8 | the county where the licensed facility is |
9 | located. |
10 | (b) 1% shall be distributed to the county |
11 | for projects in the public interest in the |
12 | county. |
13 | * * * |
14 | (iii) If the facility is a Category 2 licensed |
15 | facility and if the county in which the licensed facility |
16 | is located is: |
17 | * * * |
18 | (F) Counties of the fifth class: 2% of the |
19 | gross terminal revenue from each such licensed |
20 | facility shall be deposited and distributed as |
21 | follows: |
22 | (I) One percent to be distributed as |
23 | follows: |
24 | (a) Beginning in 2010, the sum of |
25 | $2,400,000 annually for a period of 20 years |
26 | to the county for purposes of funding debt |
27 | service related to the construction of a |
28 | community college campus located within the |
29 | county. |
30 | (b) Any funds not distributed under |
|
1 | subclause (a) shall be deposited into a |
2 | restricted receipts account to be established |
3 | in the [Department of Community and Economic |
4 | Development] Commonwealth Financing Authority |
5 | to be used exclusively for grants within the |
6 | county for economic development projects, |
7 | road projects located within a 20-mile radius |
8 | of the licensed facility and located within |
9 | the county, community improvement projects |
10 | and other projects in the public interest |
11 | within the county. The amount under this |
12 | subclause includes reasonable administrative |
13 | costs. |
14 | (II) One percent shall be deposited into a |
15 | restricted receipts account to be established in |
16 | the [Department of Community and Economic |
17 | Development] Commonwealth Financing Authority to |
18 | be used exclusively for grants within contiguous |
19 | counties for economic development projects, |
20 | community improvement projects and other projects |
21 | in the public interest within contiguous |
22 | counties. The amount under this subclause |
23 | includes reasonable administrative costs. A |
24 | contiguous county that hosts a Category 1 |
25 | licensed facility shall be ineligible to receive |
26 | grants under this subclause. |
27 | (II.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)(b) or (II) on or before the |
|
1 | effective date of this subclause. |
2 | (III) Fifty percent of any revenue required |
3 | to be transferred under paragraph (3)(v) shall be |
4 | deposited into the restricted receipts account |
5 | established under subclause (I)(b), and 50% shall |
6 | be deposited into the restricted [receipt] |
7 | receipts account established under subclause |
8 | (II). Notwithstanding the Capital Facilities Debt |
9 | Enabling Act, grants made under this clause may |
10 | be utilized as local matching funds for other |
11 | grants or loans from the Commonwealth. |
12 | * * * |
13 | (iv) [If] (A) Except as provided in clause (B) or |
14 | (C), if the facility is a Category 3 licensed |
15 | facility, 2% of the gross terminal revenue from [each |
16 | such] the licensed facility shall be deposited into a |
17 | restricted receipts account established in the |
18 | Department of Community and Economic Development to |
19 | be used exclusively for grants to the county, to |
20 | economic development authorities or redevelopment |
21 | authorities within the county for grants for economic |
22 | development projects [and], community improvement |
23 | projects and other projects in the public interest. |
24 | (B) If the facility is a Category 3 licensed |
25 | facility located in a county of the second class A, |
26 | 2% of the gross terminal revenue from the licensed |
27 | facility shall be deposited into a restricted |
28 | receipts account to be established in the |
29 | Commonwealth Financing Authority to be used |
30 | exclusively for grants or guarantees for projects in |
|
1 | the host county that qualify under 64 Pa.C.S. §§ 1551 |
2 | (relating to Business in Our Sites Program), 1556 |
3 | (relating to Tax Increment Financing Guarantee |
4 | Program) and 1558 (relating to Water Supply and |
5 | Wastewater Infrastructure Program). |
6 | (C) If the facility is a Category 3 licensed |
7 | facility located in a county of the fifth class that |
8 | is contiguous to a county of the seventh class, 2% of |
9 | the gross terminal revenue from the licensed facility |
10 | shall be deposited into a restricted receipts account |
11 | to be established in the Commonwealth Financing |
12 | Authority to be used exclusively for grants within |
13 | the county for economic development projects, |
14 | infrastructure projects, community improvement |
15 | projects and other projects in the public interest |
16 | within the county and for infrastructure projects |
17 | within a 20-mile radius of the licensed facility in a |
18 | contiguous county of the seventh class. |
19 | * * * |
20 | (3) From the local share assessment established in |
21 | subsection (b), make quarterly distributions among the |
22 | municipalities, including home rule municipalities, hosting a |
23 | licensed facility in accordance with the following schedule: |
24 | * * * |
25 | (v) To a township of the second class hosting a |
26 | licensed facility[, other than a Category 3 licensed |
27 | facility,] |
28 | (A) 2% of the gross terminal revenue or |
29 | $10,000,000 annually, whichever is greater, shall be |
30 | paid by each licensed gaming entity operating a |
|
1 | licensed facility [located in the township], other |
2 | than a Category 3 licensed facility or a licensed |
3 | facility owning land adjacent to the licensed |
4 | facility located in more than one township of the |
5 | second class, to the township of the second class |
6 | hosting the licensed facility, subject, however, to |
7 | the budgetary limitation in this subparagraph. The |
8 | amount allocated to the designated municipalities |
9 | shall not exceed 50% of their total budget for fiscal |
10 | year 2003-2004, adjusted for inflation in subsequent |
11 | years by an amount not to exceed an annual cost-of- |
12 | living adjustment calculated by applying the |
13 | percentage change in the Consumer Price Index |
14 | immediately prior to the date the adjustment is due |
15 | to take effect. Any remaining money shall be |
16 | collected by the department from each licensed gaming |
17 | entity and distributed in accordance with paragraph |
18 | (2) based upon the classification of county where the |
19 | licensed facility is located. [Where the licensed |
20 | facility is other than a Category 3 and is located in |
21 | more than one second class township, the] If revenues |
22 | generated by the 2% do not meet the $10,000,000 |
23 | minimum specified in this subparagraph, the |
24 | department shall collect the remainder of the minimum |
25 | amount of $10,000,000 from each licensed gaming |
26 | entity operating a licensed facility in the township, |
27 | pay any balance due to the township and transfer any |
28 | remainder in accordance with paragraph (2). |
29 | (B) 2% of the gross terminal revenue or |
30 | $10,000,000 annually, whichever is greater, less the |
|
1 | amount paid under clause (C), shall be paid by each |
2 | licensed gaming entity operating a licensed facility |
3 | and owning land adjacent to the licensed facility |
4 | located in more than one township of the second |
5 | class, other than a Category 3 licensed facility, to |
6 | the township of the second class hosting the licensed |
7 | facility, subject, however, to the budgetary |
8 | limitation in this subparagraph. The amount allocated |
9 | to the designated municipalities may not exceed 50% |
10 | of their total budget for the fiscal year 2003-2004, |
11 | adjusted for inflation in subsequent years by an |
12 | amount not to exceed an annual cost-of-living |
13 | adjustment calculated by applying the percentage |
14 | change in the Consumer Price Index immediately prior |
15 | to the date the adjustment is due to take effect. Any |
16 | remaining money shall be collected by the department |
17 | from each licensed gaming entity and distributed in |
18 | accordance with paragraph (2) based upon the |
19 | classification of the county where the licensed |
20 | facility is located. The county commissioners of |
21 | [the] a county of the third class in which the |
22 | licensed facility is located shall appoint an |
23 | advisory committee for the purpose of advising the |
24 | county as to the need for municipal grants for |
25 | health, safety, transportation and other projects in |
26 | the public interest to be comprised of two |
27 | individuals from the host municipality, two from |
28 | contiguous municipalities within the county of the |
29 | third class and one from the host county. [A county |
30 | other than a county of the third class in which the |
|
1 | licensed facility is located is not required to |
2 | appoint an advisory committee and may use funds |
3 | received under this subparagraph for purposes other |
4 | than municipal grants.] In the event that the |
5 | revenues generated by the 2% do not meet the |
6 | $10,000,000 minimum specified in this subparagraph, |
7 | the department shall collect the remainder of the |
8 | minimum amount of $10,000,000 from each licensed |
9 | gaming entity operating a licensed facility in the |
10 | township, pay any balance due to the township and |
11 | transfer any remainder in accordance with paragraph |
12 | (2). |
13 | (C) $160,000 annually shall be paid by each |
14 | licensed gaming entity operating a licensed facility |
15 | and owning land adjacent to the licensed facility |
16 | located in more than one township of the second |
17 | class, other than a Category 3 licensed facility, to |
18 | the township of the second class that is located in a |
19 | county of the fifth class in which the adjacent land |
20 | is located, including racetracks, grazing fields or |
21 | any other adjoining real property. |
22 | * * * |
23 | (viii) [To] (A) Except as provided in clause (B) or |
24 | (C), to a municipality of any class hosting a |
25 | Category 3 facility, 2% of the gross terminal revenue |
26 | from the Category 3 licensed facility located in the |
27 | municipality, subject, however, to the budgetary |
28 | limitation in this [subparagraph] clause. The amount |
29 | allocated to the designated municipalities shall not |
30 | exceed 50% of their total budget for fiscal year |
|
1 | [2003-2004] 2009, adjusted for inflation in |
2 | subsequent years by an amount not to exceed an annual |
3 | cost-of-living adjustment calculated by applying the |
4 | percentage change in the Consumer Price Index |
5 | immediately prior to the date the adjustment is due |
6 | to take effect. Any remaining money shall be |
7 | collected by the department from each licensed gaming |
8 | entity and distributed in accordance with paragraph |
9 | (2) based upon the classification of county where the |
10 | licensed facility is located. |
11 | (B) If the municipality hosting a Category 3 |
12 | licensed facility is a borough located in a county of |
13 | the third class and the borough is contiguous to a |
14 | city of the third class, 1% of gross terminal revenue |
15 | shall be distributed to the host borough and 1% of |
16 | gross terminal revenue shall be distributed to the |
17 | city of the third class that is contiguous to the |
18 | host borough, subject, however, to the budgetary |
19 | limitation in this clause. The amount allocated to |
20 | each designated municipality shall not exceed 50% of |
21 | its total budget for fiscal year 2009, adjusted for |
22 | inflation in subsequent years by an amount not to |
23 | exceed an annual cost-of-living adjustment calculated |
24 | by applying the percentage increase, if any, in the |
25 | Consumer Price Index immediately prior to the date |
26 | the adjustment is due to take effect. Any remaining |
27 | money shall be collected by the department from each |
28 | licensed gaming entity and distributed in accordance |
29 | with paragraph (2) based upon the classification of |
30 | county where the licensed facility is located. |
|
1 | (C) If the municipality hosting a Category 3 |
2 | licensed facility is a township of the second class |
3 | in a county of the fifth class which is contiguous to |
4 | a county of the seventh class, 2% of the gross |
5 | terminal revenue from the Category 3 licensed |
6 | facility located in the municipality shall be |
7 | distributed to the municipality, subject, however, to |
8 | the budgetary limitation in this clause. The amount |
9 | allocated to the designated municipalities shall not |
10 | exceed the lesser of $1,000,000 or 50% of their total |
11 | budget for fiscal year 2009, adjusted for inflation |
12 | in subsequent years by an amount not to exceed an |
13 | annual cost-of-living adjustment calculated by |
14 | applying the percentage change in the consumer Price |
15 | Index immediately prior to the date the adjustment is |
16 | due to take effect. Any remaining money shall be |
17 | collected by the department from each licensed gaming |
18 | entity and distributed in equal amounts to each |
19 | municipality contiguous to the host municipality. |
20 | However, the amount to be allocated to any |
21 | contiguous municipality shall not exceed the lesser |
22 | of $1,000,000 or 50% of the municipality's total |
23 | budget for fiscal year 2009, adjusted for inflation |
24 | in subsequent years by an amount not to exceed an |
25 | annual cost-of-living adjustment calculated by |
26 | applying the percentage change in the Consumer Price |
27 | Index immediately prior to the date the adjustment is |
28 | due to take effect. Any money remaining following |
29 | distribution to contiguous municipalities shall be |
30 | collected by the department and distributed in |
|
1 | accordance with paragraph (2) based upon the |
2 | classification of county where the licensed facility |
3 | is located. |
4 | * * * |
5 | (e) Reporting.-- |
6 | (1) In cooperation with the department and the |
7 | Commonwealth Financing Authority, the Department of Community |
8 | and Economic Development shall submit an annual report on all |
9 | distributions of local share assessments to counties and |
10 | municipalities under this section to the chairman and |
11 | minority chairman of the Appropriations Committee of the |
12 | Senate, the chairman and minority chairman of the Community, |
13 | Economic and Recreational Development Committee of the |
14 | Senate, the chairman and minority chairman of the |
15 | Appropriations Committee of the House of Representatives and |
16 | the chairman and minority chairman of the Gaming Oversight |
17 | Committee of the House of Representatives. The report shall |
18 | be submitted by August 31, 2010, and by August 31 of each |
19 | year thereafter. |
20 | (2) All counties and municipalities receiving |
21 | distributions of local share assessments under this section |
22 | shall submit information to the Department of Community and |
23 | Economic Development on a form prepared by the Department of |
24 | Community and Economic Development that sets forth the amount |
25 | and use of the funds received in the prior calendar year. The |
26 | form shall set forth whether the funds received were |
27 | deposited in the county's or municipality's General Fund or |
28 | committed to a specific project or use. |
29 | (f) Prohibited activities.-- |
30 | (1) A person or its affiliated entity or a political |
|
1 | subdivision shall not compensate or incur an obligation to |
2 | compensate a person to engage in lobbying for compensation |
3 | contingent in whole or in part upon the approval, award, |
4 | receipt or denial of funds under this section. A person or |
5 | its affiliated entity shall not engage in or agree to engage |
6 | in lobbying for compensation contingent in whole or in part |
7 | upon the approval, award, receipt or denial of funds under |
8 | this section. This subsection 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 the following |
11 | 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 | up to .5%. |
18 | (2) A violation of this section shall be considered an |
19 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
20 | penalties). |
21 | Section 11.4. Section 1406(a) of Title 4 is amended to read: |
22 | § 1406. Distributions from Pennsylvania Race Horse Development |
23 | Fund. |
24 | (a) Distributions.--Funds [from] in the Pennsylvania Race |
25 | Horse Development Fund are hereby appropriated to the department |
26 | on a continuing basis for the purposes set forth in this |
27 | subsection and shall be distributed to each active and operating |
28 | Category 1 licensee conducting live racing [in the following |
29 | manner] as follows: |
30 | (1) An amount equal to 18% of the daily gross terminal |
|
1 | revenue of each Category 1 licensee shall be distributed to |
2 | each active and operating Category 1 licensee conducting live |
3 | racing unless the daily assessments are affected by the daily |
4 | assessment cap provided for in section 1405(c) (relating to |
5 | Pennsylvania Race Horse Development Fund). In cases in which |
6 | the daily assessment cap affects daily assessments, the |
7 | distribution to each active and operating Category 1 licensee |
8 | conducting live racing for that day shall be a percentage of |
9 | the total daily assessments paid into the Pennsylvania Race |
10 | Horse Development Fund for that day equal to the gross |
11 | terminal revenue of each active and operating Category 1 |
12 | licensee conducting live racing for that day divided by the |
13 | total gross terminal revenue of all active and operating |
14 | Category 1 licensees conducting live racing for that day. |
15 | [The] Except as provided in paragraphs (2) and (2.1), the |
16 | distributions to licensed racing entities from the |
17 | Pennsylvania Race Horse Development Fund shall be allocated |
18 | as follows: |
19 | (i) Eighty percent shall be deposited weekly into a |
20 | separate, interest-bearing purse account to be |
21 | established by and for the benefit of the horsemen. The |
22 | earned interest on the account shall be credited to the |
23 | purse account. Licensees shall combine these funds with |
24 | revenues from existing purse agreements to fund purses |
25 | for live races consistent with those agreements with the |
26 | advice and consent of the horsemen. |
27 | (ii) For thoroughbred tracks, 16% shall be deposited |
28 | on a monthly basis into the Pennsylvania Breeding Fund as |
29 | defined in section 223 of the Race Horse Industry Reform |
30 | Act. For standardbred tracks, 8% shall be deposited on a |
|
1 | monthly basis in the Pennsylvania Sire Stakes Fund as |
2 | defined in section 224 of the Race Horse Industry Reform |
3 | Act, and 8% shall be deposited on a monthly basis into a |
4 | restricted account in the State Racing Fund to be known |
5 | as the Pennsylvania Standardbred Breeders Development |
6 | Fund. The State Harness Racing Commission shall, in |
7 | consultation with the Secretary of Agriculture by rule or |
8 | by regulation, adopt a standardbred breeders program that |
9 | will include the administration of Pennsylvania Stallion |
10 | Award, Pennsylvania Bred Award and a Pennsylvania Sired |
11 | and Bred Award. |
12 | (iii) Four percent shall be used to fund health and |
13 | pension benefits for the members of the horsemen's |
14 | organizations representing the owners and trainers at the |
15 | racetrack at which the licensed racing entity operates |
16 | for the benefit of the organization's members, their |
17 | families, employees and others in accordance with the |
18 | rules and eligibility requirements of the organization, |
19 | as approved by the State Horse Racing Commission or the |
20 | State Harness Racing Commission. This amount shall be |
21 | deposited within five business days of the end of each |
22 | month into a separate account to be established by each |
23 | respective horsemen's organization at a banking |
24 | institution of its choice. Of this amount, $250,000 shall |
25 | be paid annually by the horsemen's organization to the |
26 | thoroughbred jockeys or standardbred drivers organization |
27 | at the racetrack at which the licensed racing entity |
28 | operates for health insurance, life insurance or other |
29 | benefits to active and disabled thoroughbred jockeys or |
30 | standardbred drivers in accordance with the rules and |
|
1 | eligibility requirements of that organization. |
2 | (2) [(Reserved).] Beginning January 1, 2010, and for the |
3 | remainder of fiscal year 2009-2010, distributions from the |
4 | Pennsylvania Race Horse Development Fund shall be allocated |
5 | as follows: |
6 | (i) Each week, 34% of the money in the Pennsylvania |
7 | Race Horse Development Fund shall be transferred to the |
8 | General Fund. |
9 | (ii) Each week, 66% of the money in the Pennsylvania |
10 | Race Horse Development Fund shall be distributed to each |
11 | active and operating Category 1 licensee conducting live |
12 | racing in accordance with the following formula: |
13 | (A) Divide: |
14 | (I) the total daily assessments paid by each |
15 | active and operating Category 1 licensee |
16 | conducting live racing into the Pennsylvania Race |
17 | Horse Development Fund for that week; by |
18 | (II) the total daily assessments paid by all |
19 | active and operating Category 1 licensees |
20 | conducting live racing into the Pennsylvania Race |
21 | Horse Development Fund for that week. |
22 | (B) Multiply the quotient under clause (A) by |
23 | the amount to be distributed under this subparagraph. |
24 | (iii) The distribution under subparagraph (ii) shall |
25 | be allocated as follows: |
26 | (A) The greater of 4% of the amount to be |
27 | distributed under subparagraph (ii) or $275,000 shall |
28 | be used to fund health and pension benefits for the |
29 | members of the horsemen's organizations representing |
30 | the owners and trainers at the racetrack at which the |
|
1 | licensed racing entity operates for the benefit of |
2 | the organization's members, their families, employees |
3 | and others in accordance with the rules and |
4 | eligibility requirements of the organization, as |
5 | approved by the State Horse Racing Commission or the |
6 | State Harness Racing Commission. This amount shall be |
7 | deposited within five business days of the end of |
8 | each week into a separate account to be established |
9 | by each respective horsemen's organization at a |
10 | banking institution of its choice. Of this amount, a |
11 | minimum of $250,000 shall be paid annually by the |
12 | horsemen's organization to the thoroughbred jockeys |
13 | or standardbred drivers organization at the racetrack |
14 | at which the licensed racing entity operates for |
15 | health insurance, life insurance or other benefits to |
16 | active and disabled thoroughbred jockeys or |
17 | standardbred drivers in accordance with the rules and |
18 | eligibility requirements of that organization. The |
19 | total distributions for health and pension benefits |
20 | for fiscal year 2009-2010 shall not exceed |
21 | $11,400,000. |
22 | (B) Of the money remaining to be distributed |
23 | under subparagraph (ii) after application of clause |
24 | (A), the following disbursements shall be made: |
25 | (I) Eighty-three and one-third percent of |
26 | the money to be distributed under this clause |
27 | shall be deposited on a weekly basis into a |
28 | separate, interest-bearing purse account to be |
29 | established by and for the benefit of the |
30 | horsemen. The earned interest on the account |
|
1 | shall be credited to the purse account. Licensees |
2 | shall combine these funds with revenues from |
3 | existing purse agreements to fund purses for live |
4 | races consistent with those agreements with the |
5 | advice and consent of the horsemen. |
6 | (II) For thoroughbred tracks, 16 and 2/3% of |
7 | the money to be distributed under this clause |
8 | shall be deposited on a weekly basis into the |
9 | Pennsylvania Breeding Fund established in section |
10 | 223 of the act of December 17, 1981 (P.L.435, |
11 | No.135), known as the Race Horse Industry Reform |
12 | Act. For standardbred tracks, 8 and 1/3% of the |
13 | money to be distributed under this clause shall |
14 | be deposited on a weekly basis into the |
15 | Pennsylvania Sire Stakes Fund as defined in |
16 | section 224 of the Race Horse Industry Reform |
17 | Act; and 8 and 1/3% of the money to be |
18 | distributed under this clause shall be deposited |
19 | on a weekly basis into a restricted account in |
20 | the State Racing Fund to be known as the |
21 | Pennsylvania Standardbred Breeders Development |
22 | Fund. The State Harness Racing Commission shall, |
23 | in consultation with the Secretary of |
24 | Agriculture, promulgate regulations adopting a |
25 | standardbred breeders program that will include |
26 | the administration of the Pennsylvania Stallion |
27 | Award, the Pennsylvania Bred Award and the |
28 | Pennsylvania Sired and Bred Award. |
29 | (2.1) For fiscal years 2010-2011 through 2012-2013, |
30 | distributions from the Pennsylvania Race Horse Development |
|
1 | Fund shall be allocated as follows: |
2 | (i) Each week, 17% of the money in the Pennsylvania |
3 | Race Horse Development Fund shall be transferred to the |
4 | General Fund. |
5 | (ii) Each week, 83% of the money in the Pennsylvania |
6 | Race Horse Development Fund shall be distributed to each |
7 | active and operating Category 1 licensee conducting live |
8 | racing in accordance with the following formula: |
9 | (A) Divide: |
10 | (I) the total daily assessments paid, by |
11 | each active and operating Category 1 licensee |
12 | conducting live racing, into the Pennsylvania |
13 | Race Horse Development Fund for that week; by |
14 | (II) the total daily assessments paid, by |
15 | all active and operating Category 1 licensees |
16 | conducting live racing, into the Pennsylvania |
17 | Race Horse Development Fund for that week. |
18 | (B) Multiply the quotient under clause (A) by |
19 | the amount to be distributed under this subparagraph. |
20 | (iii) The distribution under subparagraph (ii) shall |
21 | be allocated as follows: |
22 | (A) The greater of 4% of the amount to be |
23 | distributed under subparagraph (ii) or $220,000 shall |
24 | be used to fund health and pension benefits for the |
25 | members of the horsemen's organizations representing |
26 | the owners and trainers at the racetrack at which the |
27 | licensed racing entity operates for the benefit of |
28 | the organization's members, their families, employees |
29 | and others in accordance with the rules and |
30 | eligibility requirements of the organization, as |
|
1 | approved by the State Horse Racing Commission or the |
2 | State Harness Racing Commission. This amount shall be |
3 | deposited within five business days of the end of |
4 | each week into a separate account to be established |
5 | by each respective horsemen's organization at a |
6 | banking institution of its choice. Of this amount, a |
7 | minimum of $250,000 shall be paid annually by the |
8 | horsemen's organization to the thoroughbred jockeys |
9 | or standardbred drivers organization at the racetrack |
10 | at which the licensed racing entity operates for |
11 | health insurance, life insurance or other benefits to |
12 | active and disabled thoroughbred jockeys or |
13 | standardbred drivers in accordance with the rules and |
14 | eligibility requirements of that organization. The |
15 | total distribution under this clause in any fiscal |
16 | year shall not exceed $11,400,000. |
17 | (B) Of the money remaining to be distributed |
18 | under subparagraph (ii) after application of clause |
19 | (A), the following disbursements shall be made: |
20 | (I) Eighty-three and one-third percent of |
21 | the money to be distributed under this clause |
22 | shall be deposited on a weekly basis into a |
23 | separate, interest-bearing purse account to be |
24 | established by and for the benefit of the |
25 | horsemen. The earned interest on the account |
26 | shall be credited to the purse account. Licensees |
27 | shall combine these funds with revenues from |
28 | existing purse agreements to fund purses for live |
29 | races consistent with those agreements with the |
30 | advice and consent of the horsemen. |
|
1 | (II) For thoroughbred tracks, 16 and 2/3% of |
2 | the money to be distributed under this clause |
3 | shall be deposited on a weekly basis into the |
4 | Pennsylvania Breeding Fund established in section |
5 | 223 of the Race Horse Industry Reform Act. For |
6 | standardbred tracks, 8 and 1/3% of the money to |
7 | be distributed under this clause shall be |
8 | deposited on a weekly basis into the Pennsylvania |
9 | Sire Stakes Fund as defined in section 224 of the |
10 | Race Horse Industry Reform Act; and 8 and 1/3% of |
11 | the money to be distributed under this clause |
12 | shall be deposited on a weekly basis into a |
13 | restricted account in the State Racing Fund to be |
14 | known as the Pennsylvania Standardbred Breeders |
15 | Development Fund. The State Harness Racing |
16 | Commission shall, in consultation with the |
17 | Secretary of Agriculture, promulgate regulations |
18 | adopting a standardbred breeders program that |
19 | will include the administration of the |
20 | Pennsylvania Stallion Award, the Pennsylvania |
21 | Bred Award and the Pennsylvania Sired and Bred |
22 | Award. |
23 | * * * |
24 | Section 12. Section 1407(d) introductory paragraph and (7) |
25 | of Title 4 are amended and the section is amended by adding |
26 | subsections to read: |
27 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
28 | Fund. |
29 | * * * |
30 | (d) Restrictions on projects for certain counties and |
|
1 | cities.--[For] Except as set forth in subsection (d.1), for a |
2 | ten-year period beginning with the first fiscal year during |
3 | which deposits are made into this fund, no moneys from the |
4 | Pennsylvania Gaming Economic Development and Tourism Fund shall |
5 | be distributed for any project located in a city or county of |
6 | the first or second class except as authorized by this |
7 | subsection. Moneys not used for the authorized projects in |
8 | cities and counties of the first and second classes may be used |
9 | throughout this Commonwealth. Moneys from the fund for projects |
10 | within cities and counties of the first and second classes may |
11 | only be used for the following projects during this ten-year |
12 | period: |
13 | * * * |
14 | [(7) for retirement of indebtedness and for financing of |
15 | a hotel or convention center in a city of the second class |
16 | established pursuant to the authority of the act of July 29, |
17 | 1953 (P.L.1034, No.270), known as the Public Auditorium |
18 | Authorities Law;] |
19 | * * * |
20 | (d.1) Community and economic development.-- |
21 | (1) Notwithstanding subsection (b) or any other |
22 | provision of law to the contrary, the money authorized but |
23 | not expended under former subsection (d)(7) as of the |
24 | effective date of this subsection shall be deposited into a |
25 | restricted receipts account to be established in the |
26 | Commonwealth Financing Authority exclusively for eligible |
27 | applications submitted by the redevelopment authority of a |
28 | county of the second class created pursuant to the act of May |
29 | 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment |
30 | Law, for economic development, infrastructure development, |
|
1 | job training, community improvement, public safety or other |
2 | projects in the public interest located in a county of the |
3 | second class. Community development corporations, political |
4 | subdivisions, urban redevelopment authorities, municipal |
5 | authorities, for-profit entities and nonprofit entities |
6 | located in a county of the second class shall be eligible to |
7 | receive funds made available under this paragraph. |
8 | (2) Notwithstanding the Capital Facilities Debt Enabling |
9 | Act, funding under the paragraph (1) may be utilized as local |
10 | matching funds for grants or loans from the Commonwealth. |
11 | (e) Annual report.--The Office of the Budget, in cooperation |
12 | with the Department of Community and Economic Development and |
13 | the Commonwealth Financing Authority, shall submit an annual |
14 | report of all distribution of funds under this section to the |
15 | chairman and minority chairman of the Appropriations Committee |
16 | of the Senate, the chairman and minority chairman of the |
17 | Community, Economic and Recreational Development Committee of |
18 | the Senate, the chairman and minority chairman of the |
19 | Appropriations Committee of the House of Representatives and the |
20 | chairman and minority chairman of the Gaming Oversight Committee |
21 | of the House of Representatives. The report shall include |
22 | detailed information relating to transfers made from the |
23 | Pennsylvania Gaming Economic Development and Tourism Fund and |
24 | all reimbursements, distributions and payments made under |
25 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
26 | known as Pennsylvania Gaming Economic Development and Tourism |
27 | Fund Capital Budget Itemization Act of 2007. The report shall be |
28 | submitted by August 31, 2010, and by August 31 of each year |
29 | thereafter. |
30 | (f) Local report.--A city of the first class, city of the |
|
1 | second class, county of the second class, convention center or |
2 | convention center authority, sports and exhibition authority of |
3 | a county of the second class, urban redevelopment authority, |
4 | airport authority or other entity that receives money from the |
5 | fund pursuant to an Economic Development Capital Budget under |
6 | subsection (b) or the Pennsylvania Gaming Economic Development |
7 | and Tourism Fund Capital Budget Itemization Act of 2007 shall |
8 | submit an annual report to the Office of the Budget. The report |
9 | shall include detailed information, including records of |
10 | expenditures, payments and other distributions made from funds |
11 | received under subsection (b). The initial report shall include |
12 | information on all funds received prior to August 31, 2010. The |
13 | report shall be submitted by August 31, 2010, and by August 31 |
14 | of each year thereafter until all funds under this section are |
15 | distributed or received. An entity that receives funds for the |
16 | first time after the effective date of this section shall submit |
17 | its initial report by August 31 of the year following receipt of |
18 | the funds. |
19 | (g) Distribution to international airport.--Notwithstanding |
20 | the provisions of section 7(d) of the act of July 25, 2007 |
21 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
22 | Development and Tourism Fund Capital Budget Itemization Act of |
23 | 2007, following the distribution of $42.5 million of funds |
24 | allocated to a county of the second class for debt service and |
25 | economic development projects for an international airport in |
26 | the county under section 3(2)(i)(E) of said act, all remaining |
27 | funds shall be distributed directly to an authority that |
28 | operates an international airport in the county. |
29 | Section 13. Section 1408(a), (c) and (e) of Title 4 are |
30 | amended and the section is amended by adding a subsection to |
|
1 | read: |
2 | § 1408. Transfers from State Gaming Fund. |
3 | (a) Transfer for compulsive and problem gambling |
4 | treatment.--Each year, the sum of [$1,500,000] $2,000,000 or an |
5 | amount equal to [.001] .002 multiplied by the total gross |
6 | terminal revenue of all active and operating licensed gaming |
7 | entities, whichever is greater, shall be transferred into the |
8 | Compulsive and Problem Gambling Treatment Fund established in |
9 | section 1509 (relating to compulsive and problem gambling |
10 | program). |
11 | (a.1) Transfer.--Beginning on the first business day of |
12 | January 2010 and annually thereafter, the sum of $3,000,000 |
13 | shall be transfered to the Department of Health to be used to |
14 | provide drug and alcohol addiction treatment services, including |
15 | treatment for drug and alcohol addiction related to compulsive |
16 | and problem gambling, as set forth in section 1509.1 (relating |
17 | to drug and alcohol treatment). |
18 | * * * |
19 | (c) Local law enforcement grants.--Annually, the sum of |
20 | [$5,000,000] $2,000,000 shall be transferred to the board for |
21 | the purpose of issuing grants to local law enforcement agencies |
22 | to [enforce and prevent the unlawful operation of slot machines] |
23 | investigate violations of and enforce laws relating to unlawful |
24 | gambling in this Commonwealth. For purposes of this subsection, |
25 | the term "local law enforcement agency" shall include the |
26 | Pennsylvania State Police when conducting unlawful gambling |
27 | enforcement and prevention activities in a municipality which |
28 | does not have a municipal police department and in which the |
29 | Pennsylvania State Police provide the municipality with primary |
30 | police coverage. |
|
1 | * * * |
2 | (e) Transfer to Property Tax Relief Fund.--Monthly, the |
3 | State Treasurer shall transfer the remaining balance in the |
4 | State Gaming Fund which is not allocated in subsections (a), |
5 | (a.1), (b), (c) and (d) to the Property Tax Relief Fund |
6 | established in section 1409 (relating to Property Tax Relief |
7 | Fund). |
8 | Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of |
9 | Title 4 are amended to read: |
10 | § 1501. Responsibility and authority of department. |
11 | * * * |
12 | (b) Application of rules and regulations.--The department |
13 | may prescribe the extent, if any, to which any rules and |
14 | regulations shall be applied without retroactive effect. The |
15 | department shall have authority to prescribe the forms and the |
16 | system of accounting and recordkeeping to be employed and |
17 | through its representative shall at all times have power of |
18 | access to and examination and audit of any equipment and records |
19 | relating to all aspects of the operation of slot machines and |
20 | table games under this part. |
21 | (c) Procedure.--For purposes of implementing this part, the |
22 | department may promulgate regulations in the same manner in |
23 | which the board is authorized as provided in section 1203 |
24 | (relating to temporary regulations) and section 1303A (relating |
25 | to temporary table game regulations). |
26 | * * * |
27 | § 1504. Wagering on credit. |
28 | [Slot] Except as otherwise provided in this section, slot |
29 | machine licensees [may] shall not extend credit. Slot machine |
30 | licensees [may] shall not accept credit cards, charge cards or |
|
1 | debit cards from a patron or player for the exchange or purchase |
2 | of slot machine credits or for an advance of coins or currency |
3 | to be utilized by a player to play slot machine games or extend |
4 | credit in any manner to a player so as to enable the player to |
5 | play slot machines. Slot machine licensees who hold a table game |
6 | operation certificate may extend credit for slot machine gaming |
7 | in accordance with section 1326A (relating to cash equivalents). |
8 | § 1505. No eminent domain authority. |
9 | Neither the Commonwealth nor any political subdivision |
10 | thereof shall have the right to acquire, with or without |
11 | compensation, through the power of eminent domain any property, |
12 | easement or land use right for the siting or construction of a |
13 | licensed facility [for the operation of slot machines by a slot |
14 | machine licensee]. |
15 | Section 13.2. Section 1509(a), (b), (c) and (d) of Title 4 |
16 | are amended and the section is amended by adding subsections to |
17 | read: |
18 | § 1509. Compulsive and problem gambling program. |
19 | (a) Establishment of program.--The Department of Health, in |
20 | consultation with organizations similar to the Mid-Atlantic |
21 | Addiction Training Institute, shall develop program guidelines |
22 | for public education, awareness and training regarding |
23 | compulsive and problem gambling and the treatment and prevention |
24 | of compulsive and problem gambling. The guidelines shall include |
25 | strategies for the prevention of compulsive and problem |
26 | gambling. The Department of Health may consult with the board |
27 | and licensed gaming entities to develop such strategies. [The |
28 | program shall include: |
29 | (1) Maintenance of a compulsive gamblers assistance |
30 | organization's toll-free problem gambling telephone number to |
|
1 | provide crisis counseling and referral services to families |
2 | experiencing difficulty as a result of problem or compulsive |
3 | gambling. |
4 | (2) The promotion of public awareness regarding the |
5 | recognition and prevention of problem or compulsive gambling. |
6 | (3) Facilitation, through in-service training and other |
7 | means, of the availability of effective assistance programs |
8 | for problem and compulsive gamblers and family members |
9 | affected by problem and compulsive gambling. |
10 | (4) Conducting studies to identify adults and juveniles |
11 | in this Commonwealth who are or are at risk of becoming |
12 | problem or compulsive gamblers. |
13 | (5) Providing grants to and contracting with |
14 | organizations which provide services as set forth in this |
15 | section. |
16 | (6) Providing reimbursement for organizations for |
17 | reasonable expenses in assisting the Department of Health in |
18 | carrying out the purposes of this section.] |
19 | (a.1) Duties of Department of Health.--From funds available |
20 | in the Compulsive and Problem Gambling Treatment Fund, the |
21 | Department of Health shall: |
22 | (1) Maintain a compulsive gamblers assistance |
23 | organization's toll-free problem gambling telephone number to |
24 | provide crisis counseling and referral services to |
25 | individuals and families experiencing difficulty as a result |
26 | of problem or compulsive gambling. |
27 | (2) Facilitate, through in-service training and other |
28 | means, the availability of effective assistance programs for |
29 | problem and compulsive gamblers and family members affected |
30 | by problem and compulsive gambling. |
|
1 | (3) At its discretion, conduct studies to identify |
2 | individuals in this Commonwealth who are or are at risk of |
3 | becoming problem or compulsive gamblers. |
4 | (4) Provide grants to and contract with single county |
5 | authorities and other organizations which provide services as |
6 | set forth in this section. |
7 | (5) Reimburse organizations for reasonable expenses |
8 | incurred assisting the Department of Health with implementing |
9 | this section. |
10 | (a.2) Duties of Department of Health and board.--Within 60 |
11 | days following the effective date of this subsection, the |
12 | Department of Health's Bureau of Drug and Alcohol Programs and |
13 | the board's Office of Compulsive and Problem Gambling shall |
14 | jointly collaborate with other appropriate offices and agencies |
15 | of State or local government, including single county |
16 | authorities, and providers and other persons, public or private, |
17 | with expertise in compulsive and problem gambling treatment to |
18 | do the following: |
19 | (1) Implement a strategic plan for the prevention and |
20 | treatment of compulsive and problem gambling. |
21 | (2) Adopt compulsive and problem gambling treatment |
22 | standards to be integrated with the Bureau of Drug and |
23 | Alcohol Program's uniform Statewide guidelines that govern |
24 | the provision of addiction treatment services. |
25 | (3) Develop a method to coordinate compulsive and |
26 | problem gambling data collection and referral information to |
27 | crisis response hotlines, child welfare and domestic violence |
28 | programs and providers and other appropriate programs and |
29 | providers. |
30 | (4) Develop and disseminate educational materials to |
|
1 | provide public awareness related to the prevention, |
2 | recognition and treatment of compulsive and problem gambling. |
3 | (5) Develop demographic-specific compulsive and problem |
4 | gambling prevention, intervention and treatment programs. |
5 | (6) Prepare an itemized budget outlining how funds will |
6 | be allocated to fulfill the responsibilities under this |
7 | section. |
8 | (b) Compulsive and Problem Gambling Treatment Fund.--There |
9 | is hereby established in the State Treasury a special fund to be |
10 | known as the Compulsive and Problem Gambling Treatment Fund. All |
11 | moneys in the fund shall be [expended] administered by the |
12 | Department of Health and expended solely for programs for the |
13 | prevention and treatment of gambling addiction and other |
14 | emotional and behavioral problems associated with or related to |
15 | gambling addiction and for the administration of the compulsive |
16 | and problem gambling program[.]; provided that the Department of |
17 | Health shall annually distribute at least 50% of the money in |
18 | the fund to single county authorities under subsection (d). The |
19 | fund shall consist of money annually allocated to it from the |
20 | annual payment established under section [1408] 1408(a) |
21 | (relating to transfers from State Gaming Fund), money which may |
22 | be allocated by the board, interest earnings on moneys in the |
23 | fund and any other contributions, payments or deposits which may |
24 | be made to the fund. |
25 | (c) Notice of availability of assistance.-- |
26 | (1) Each slot machine licensee shall obtain a toll-free |
27 | telephone number to be used to provide persons with |
28 | information on assistance for compulsive or problem gambling. |
29 | Each licensee shall conspicuously post at least 20 signs |
30 | similar to the following statement: |
|
1 | If you or someone you know has a gambling problem, help |
2 | is available. Call (Toll-free telephone number). |
3 | The signs must be posted within 50 feet of each entrance and |
4 | exit [and], within 50 feet of each automated teller machine |
5 | location within the licensed facility and in other |
6 | appropriate public areas of the licensed facility as |
7 | determined by the slot machine licensee. |
8 | (2) Each racetrack where slot machines or table games |
9 | are operated shall print a statement on daily racing programs |
10 | provided to the general public that is similar to the |
11 | following: |
12 | If you or someone you know has a gambling problem, help |
13 | is available. Call (Toll-free telephone number). |
14 | (3) A licensed facility which fails to post or print the |
15 | warning sign in accordance with paragraph (1) or (2) shall be |
16 | assessed a fine of $1,000 a day for each day the [sign is] |
17 | minimum number of signs are not posted or the required |
18 | statement is not printed as provided in this subsection. |
19 | (d) Single county authorities.--The Department of Health |
20 | [may] shall make grants from the fund established under |
21 | subsection (b) to [a single county authority] single county |
22 | authorities created pursuant to the act of April 14, 1972 |
23 | (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol |
24 | Abuse Control Act, for the purpose of providing compulsive |
25 | gambling and gambling addiction prevention, treatment and |
26 | education programs. Treatment may include financial counseling, |
27 | irrespective of whether the financial counseling is provided by |
28 | the single county authority, the treatment service provider or |
29 | subcontracted to a third party. It is the intention of the |
30 | General Assembly that any grants [that] made by the Department |
|
1 | of Health [may make] to any single county authority in |
2 | accordance with the provisions of this subsection be used |
3 | exclusively for the development and implementation of compulsive |
4 | and problem gambling programs authorized under [subsection (a)] |
5 | this section. |
6 | (d.1) Eligibility.--Eligibility to receive treatment |
7 | services for treatment of compulsive and problem gambling under |
8 | this section shall be determined using financial eligibility and |
9 | other requirements of the single county authorities as approved |
10 | by the Department of Health. |
11 | (d.2) Report.--No later than October 1, 2010, and each |
12 | October 1 thereafter, the Department of Health, in consultation |
13 | with the board, shall prepare and submit a report on the impact |
14 | of the programs funded by the Compulsive and Problem Gambling |
15 | Treatment Fund to the Governor and to the members of the General |
16 | Assembly. The report shall include aggregate demographic- |
17 | specific data, including race, gender, geography and income of |
18 | those individuals treated. |
19 | * * * |
20 | Section 13.3. Title 4 is amended by adding a section to |
21 | read: |
22 | § 1509.1. Drug and alcohol treatment. |
23 | (a) Duties of Department of Health.--Annually, the |
24 | Department of Health shall allocate and transfer all funds |
25 | received by it under section 1408(a.1) (relating to transfers |
26 | from State Gaming Fund) to the single county authorities. |
27 | (b) Duties of single county authorities.--The funds |
28 | allocated and transferred to the single county authorities under |
29 | subsection (a) shall be used by the single county authorities |
30 | solely for drug and alcohol addiction assessments, including |
|
1 | drug and alcohol addiction assessment associated or related to |
2 | compulsive and problem gambling, and for the related addiction |
3 | treatment, in nonhospital residential detoxification facilities, |
4 | nonhospital residential rehabilitation facilities and halfway |
5 | houses licensed by the Department of Health to provide addiction |
6 | treatment services. |
7 | (c) Eligibility.--Eligibility to receive treatment services |
8 | for treatment of drug and alcohol addiction or drug and alcohol |
9 | addiction associated with or related to compulsive and problem |
10 | gambling shall be determined using financial eligibility and |
11 | other requirements of the single county authorities as approved |
12 | by the Department of Health. |
13 | (d) Report.--No later than October 1, 2010, and each October |
14 | 1 thereafter, the Bureau of Drug and Alcohol Programs shall |
15 | prepare and submit a report to the Governor and to the members |
16 | of the General Assembly on the data and progress on activities |
17 | initiated under this section. |
18 | Section 13.4. Sections 1510(a), 1511(b) and 1512(a.1), (a.5) |
19 | and (b) of Title 4 are amended to read: |
20 | § 1510. Labor hiring preferences. |
21 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
22 | Each licensed gaming entity shall prepare a hiring plan for |
23 | employees of its respective licensed facility which promotes a |
24 | diverse work force, minority participation and personnel from |
25 | within the surrounding geographical area. The hiring plan shall |
26 | be approved by the board and shall be consistent with the goals |
27 | outlined in sections 1212 (relating to diversity goals of board) |
28 | and 1304A (relating to Commonwealth resident employment goals) |
29 | and shall be updated annually. |
30 | * * * |
|
1 | § 1511. Declaration of exemption from Federal laws prohibiting |
2 | slot machines. |
3 | * * * |
4 | (b) Legal shipments.--All shipments of [slot machines] |
5 | gambling devices, as defined in section 1 of the Gambling |
6 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
7 | into this Commonwealth, the registering, recording and labeling |
8 | of which has been effected by the manufacturer and supplier of |
9 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
10 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
11 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
12 | shipments of [slot machines] gambling devices into this |
13 | Commonwealth. |
14 | § 1512. Financial and employment interests. |
15 | * * * |
16 | (a.1) Employment.--Except as may be provided by rule or |
17 | order of the Pennsylvania Supreme Court and except as provided |
18 | in section 1202.1 (relating to code of conduct) or 1512.1 |
19 | (relating to additional restrictions), no executive-level public |
20 | employee, public official or party officer, or an immediate |
21 | family member thereof, shall be employed by an applicant or a |
22 | slot machine licensee, manufacturer licensee, supplier licensee |
23 | or licensed racing entity, or by any holding company, affiliate, |
24 | intermediary or subsidiary thereof, while the individual is an |
25 | executive-level public employee, public official or party |
26 | officer and for one year following termination of the |
27 | individual's status as an executive-level public employee, |
28 | public official or party officer. |
29 | * * * |
30 | (a.5) State Ethics Commission.--The State Ethics Commission |
|
1 | shall [publish] do all of the following: |
2 | (1) Issue a written determination of whether a person is |
3 | subject to subsections (a), (a.1) or (a.2) upon the written |
4 | request of the person or any other person that may have |
5 | liability for an action taken with respect to such person. A |
6 | person that relies in good faith on a determination made |
7 | under this paragraph shall not be subject to any penalty for |
8 | an action taken, provided that all material facts set forth |
9 | in the request for the determination are correct. |
10 | (2) Publish a list of all State, county, municipal and |
11 | other government positions that meet the definitions of |
12 | "public official" as defined under subsection (b) or |
13 | "executive-level public employee" [under subsection (b)]. The |
14 | Office of Administration shall assist the State Ethics |
15 | Commission in the development of the list, which shall be |
16 | published by the State Ethics Commission in the Pennsylvania |
17 | Bulletin biennially and posted by the board on the board's |
18 | Internet website. Upon request, each public official shall |
19 | have a duty to provide the State Ethics Commission with |
20 | adequate information to accurately develop and maintain the |
21 | list. The State Ethics Commission may impose a civil penalty |
22 | under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any |
23 | individual, including any public official or executive-level |
24 | public employee, who fails to cooperate with the State Ethics |
25 | Commission under this subsection. A person that relies in |
26 | good faith on the list published by the State Ethics |
27 | Commission shall not be subject to any penalty for a |
28 | violation of this section. |
29 | (b) Definitions.--As used in this section, the following |
30 | words and phrases shall have the meanings given to them in this |
|
1 | subsection: |
2 | ["Executive-level public employee." The term shall include |
3 | the following: |
4 | (1) Deputy Secretaries of the Commonwealth and the |
5 | Governor's Office executive staff. |
6 | (2) An employee of the Executive Branch with |
7 | discretionary power which may affect or influence the outcome |
8 | of a State agency's action or decision and who is involved in |
9 | the development of regulations or policies relating to a |
10 | licensed entity or who is involved in other matters under |
11 | this part. The term shall include an employee with law |
12 | enforcement authority. |
13 | (3) An employee of a county or municipality with |
14 | discretionary powers which may affect or influence the |
15 | outcome of the county's or municipality's action or decision |
16 | and who is involved in the development of law, regulation or |
17 | policy relating to a licensed entity or who is involved in |
18 | other matters under this part. The term shall include an |
19 | employee with law enforcement authority. |
20 | (4) An employee of a department, agency, board, |
21 | commission, authority or other governmental body not included |
22 | in paragraph (1), (2) or (3) with discretionary power which |
23 | may affect or influence the outcome of the governmental |
24 | body's action or decision and who is involved in the |
25 | development of regulation or policy relating to a licensed |
26 | entity or who is involved in other matters under this part. |
27 | The term shall include an employee with law enforcement |
28 | authority.] |
29 | "Financial interest." Owning or holding, or being deemed to |
30 | hold, debt or equity securities or other ownership interest or |
|
1 | profits interest. A financial interest shall not include any |
2 | debt or equity security, or other ownership interest or profits |
3 | interest, which is held or deemed to be held in any of the |
4 | following: |
5 | (1) A blind trust over which the executive-level public |
6 | employee, public official, party officer or immediate family |
7 | member thereof may not exercise any managerial control or |
8 | receive income during the tenure of office and the period |
9 | under subsection (a). The provisions of this paragraph shall |
10 | apply only to blind trusts established prior to the effective |
11 | date of this paragraph. |
12 | (2) Securities that are held in a pension plan, profit- |
13 | sharing plan, individual retirement account, tax-sheltered |
14 | annuity, a plan established pursuant to section 457 of the |
15 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
16 | 1 et seq.) or any successor provision deferred compensation |
17 | plan whether qualified or not qualified under the Internal |
18 | Revenue Code of 1986 or any successor provision or other |
19 | retirement plan that: |
20 | (i) is not self-directed by the individual; and |
21 | (ii) is advised by an independent investment adviser |
22 | who has sole authority to make investment decisions with |
23 | respect to contributions made by the individual to these |
24 | plans. |
25 | (3) A tuition account plan organized and operated |
26 | pursuant to section 529 of the Internal Revenue Code of 1986 |
27 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
28 | directed by the individual. |
29 | (4) A mutual fund where the interest owned by the mutual |
30 | fund in a licensed entity does not constitute a controlling |
|
1 | interest as defined in this part. |
2 | "Immediate family." A spouse, minor child or unemancipated |
3 | child. |
4 | ["Law enforcement authority." The power to conduct |
5 | investigations of or to make arrests for criminal offenses.] |
6 | "Party officer." A member of a national committee; a |
7 | chairman, vice chairman, secretary, treasurer or counsel of a |
8 | State committee or member of the executive committee of a State |
9 | committee; a county chairman, vice chairman, counsel, secretary |
10 | or treasurer of a county committee in which a licensed facility |
11 | is located; or a city chairman, vice chairman, counsel, |
12 | secretary or treasurer of a city committee of a city in which a |
13 | licensed facility is located. |
14 | "Public official." The term shall include the following: |
15 | (1) The Governor, Lieutenant Governor, a member of the |
16 | Governor's cabinet, Treasurer, Auditor General and Attorney |
17 | General of the Commonwealth. |
18 | (2) A member of the Senate or House of Representatives |
19 | of the Commonwealth. |
20 | (3) An individual elected or appointed to any office of |
21 | a county or municipality that directly receives a |
22 | distribution of revenue under this part. |
23 | (4) An individual elected or appointed to a department, |
24 | agency, board, commission, authority or other governmental |
25 | body not included in paragraph (1), (2) or (3) that directly |
26 | receives a distribution of revenue under this part. |
27 | (5) An individual elected or appointed to a department, |
28 | agency, board, commission, authority, county, municipality or |
29 | other governmental body not included in paragraph (1), (2) or |
30 | (3) with discretionary power which may influence or affect |
|
1 | the outcome of an action or decision and who is involved in |
2 | the development of regulation or policy relating to a |
3 | licensed entity or who is involved in other matters under |
4 | this part. |
5 | The term does not include a member of a school board or an |
6 | individual who held an uncompensated office with a governmental |
7 | body prior to January 1, 2006, and who no longer holds the |
8 | office as of January 1, 2006. The term includes a member of an |
9 | advisory board or commission which makes recommendations |
10 | relating to a licensed facility. |
11 | Section 14. Title 4 is amended by adding a section to read: |
12 | § 1512.1. Additional restrictions. |
13 | (a) Restrictions.--No individual trooper or employee of the |
14 | Pennsylvania State Police or employee of the Office of Attorney |
15 | General or the department whose duties substantially involve |
16 | licensing or enforcement, the development of laws, or the |
17 | development or adoption of regulations or policy related to |
18 | gaming under this part or who has other discretionary authority |
19 | which may affect or influence the outcome of an action, |
20 | proceeding or decision under this part shall do any of the |
21 | following: |
22 | (1) Accept employment with or be retained by an |
23 | applicant or licensed entity, or an affiliate, intermediary, |
24 | subsidiary or holding company of an applicant or licensed |
25 | entity, for a period of two years after the termination of |
26 | employment. |
27 | (2) Appear before the board in any hearing or proceeding |
28 | or participate in any other activity on behalf of any |
29 | applicant, licensee, permittee or licensed entity, or an |
30 | affiliate, intermediary, subsidiary or holding company of an |
|
1 | applicant, licensee or licensed entity, for a period of two |
2 | years after termination of employment. Nothing in this |
3 | paragraph shall prevent a current or former trooper or |
4 | employee of the Pennsylvania State Police, the Office of |
5 | Attorney General or the department from appearing before the |
6 | board in any proceeding or hearing as a witness or testifying |
7 | as to any fact or information. |
8 | (3) As a condition of employment, a potential employee |
9 | who would be subject to this subsection shall sign an |
10 | affidavit that the individual will not accept employment with |
11 | or be retained by any applicant or licensed entity, or an |
12 | affiliate, intermediary, subsidiary or holding company of an |
13 | applicant or licensed entity, for a period of two years after |
14 | the termination of employment. |
15 | (b) Employment or retention.--An applicant or licensed |
16 | entity or an affiliate, intermediary, subsidiary or holding |
17 | company of an applicant or licensed entity shall not employ or |
18 | retain an individual subject to subsection (a) until the |
19 | expiration of the period required in subsection (a)(1). An |
20 | applicant or licensed entity, or an affiliate, intermediary, |
21 | subsidiary or holding company of an applicant or licensed |
22 | entity, that knowingly employs or retains an individual in |
23 | violation of this subsection shall terminate the employment of |
24 | the individual and be subject to a penalty under section 1518(c) |
25 | (relating to prohibited acts; penalties). |
26 | (c) Violation.--If an individual subject to subsection (a) |
27 | refuses or otherwise fails to sign an affidavit, the |
28 | individual's potential employer shall rescind the offer of |
29 | employment. |
30 | (d) Code of conduct.--The Pennsylvania State Police, Office |
|
1 | of Attorney General and department each shall adopt a |
2 | comprehensive code of conduct which shall supplement all other |
3 | requirements under this part and 65 Pa.C.S. Pt. II (relating to |
4 | accountability), as applicable, and shall provide guidelines |
5 | applicable to troopers, employees, independent contractors of |
6 | the agency whose duties substantially involve licensing or |
7 | enforcement, the development of laws, or the development or |
8 | adoption of regulations or policy related to gaming under this |
9 | part or who has other discretionary authority which may affect |
10 | the outcome of an action, proceeding or decision under this |
11 | part, and the immediate families of these individuals to enable |
12 | them to avoid any perceived or actual conflict of interest and |
13 | to promote public confidence in the integrity and impartiality |
14 | of gaming enforcement and regulation. At a minimum, the code of |
15 | conduct adopted under this section shall apply the types of |
16 | restrictions applicable to members under section 1202.1(c), |
17 | except that the restrictions under section 1202.1(c)(5) shall |
18 | not apply to an elected Attorney General. |
19 | (e) State Ethics Commission.--The State Ethics Commission |
20 | shall do all of the following: |
21 | (1) Issue a written determination of whether an |
22 | individual is subject to subsection (a) upon the written |
23 | request of the individual or the individual's employer or |
24 | potential employer. A person that relies in good faith on a |
25 | determination made under this paragraph shall not be subject |
26 | to any penalty for an action taken, provided that all |
27 | material facts set forth in the request for the determination |
28 | are correct. |
29 | (2) Publish a list of all positions within the |
30 | Pennsylvania State Police, the Office of Attorney General and |
|
1 | the department whose duties would subject the individuals in |
2 | those positions to the provisions of subsection (a). Each |
3 | agency subject to this subsection shall assist the State |
4 | Ethics Commission in the development of the list, which shall |
5 | be published by the State Ethics Commission in the |
6 | Pennsylvania Bulletin biennially, shall be posted by the |
7 | board on the board's Internet website and shall be posted by |
8 | each agency on the agency's Internet website. Upon request by |
9 | the State Ethics Commission, members and employees of each |
10 | agency subject to this subsection shall have a duty to |
11 | provide the State Ethics Commission with adequate information |
12 | to accurately develop and maintain the list. The State Ethics |
13 | Commission may impose a civil penalty under 65 Pa.C.S. § |
14 | 1109(f) (relating to penalties) upon any individual who fails |
15 | to cooperate with the State Ethics Commission under this |
16 | subsection. A person who relies in good faith on the list |
17 | published by the State Ethics Commission shall not be subject |
18 | to any penalty for a violation of subsection (a). |
19 | Section 14.1. Sections 1513(c) and 1514 heading, (b), (f), |
20 | (g) and (h) of Title 4 are amended to read: |
21 | § 1513. Political influence. |
22 | * * * |
23 | (c) Penalties.-- |
24 | (1) The first violation of this section by a licensed |
25 | gaming entity or any person that holds a controlling interest |
26 | in such gaming entity, or a subsidiary company thereof, [and] |
27 | or any officer, director or management-level employee of such |
28 | licensee shall be punishable by a fine [of] equal to an |
29 | amount not less than [an] the average single day's gross |
30 | terminal revenue and gross table game revenue of the licensed |
|
1 | gaming entity [derived from the operation of slot machines in |
2 | this Commonwealth]; a second violation of this section, |
3 | within five years of the first violation, shall be punishable |
4 | by at least a one-day suspension of the license held by the |
5 | licensed gaming entity and a fine equal to an amount not less |
6 | than [an] two times the average [two days'] single day's |
7 | gross terminal revenue and gross table game revenue of the |
8 | licensed gaming entity; a third violation of this section |
9 | within five years of the second violation shall be punishable |
10 | by the immediate revocation of the license held by the |
11 | licensed gaming entity. Following revocation, the board shall |
12 | consider appointing a trustee in accordance with section 1332 |
13 | (relating to appointment of trustee). |
14 | (2) The first violation of this section by a |
15 | manufacturer or supplier licensed pursuant to this part or by |
16 | any person that holds a controlling interest in such |
17 | manufacturer or supplier, or a subsidiary company thereof, |
18 | [and] or any officer, director or management-level employee |
19 | of such a licensee shall be punishable by a fine [of] equal |
20 | to an amount not less than [one] a single day's average of |
21 | the gross profit from sales made by the manufacturer or |
22 | supplier in Pennsylvania during the preceding 12-month period |
23 | or portion thereof in the event the manufacturer or supplier |
24 | has not operated in Pennsylvania for 12 months; a [second] |
25 | subsequent violation of this section within five years of |
26 | [the first] a prior violation shall be punishable by a one- |
27 | month suspension of the license held by the manufacturer or |
28 | supplier and a fine [of] equal to an amount not less than two |
29 | times [one] a single day's average of the gross profit from |
30 | sales made by the manufacturer or supplier in Pennsylvania |
|
1 | during the preceding 12-month period or portion thereof in |
2 | the event the manufacturer or supplier has not operated in |
3 | Pennsylvania for 12 months. |
4 | (3) In no event shall the fine imposed under this |
5 | section be [in] an amount less than [$50,000] $100,000 for |
6 | each violation. In addition to any fine or sanction that may |
7 | be imposed by the board under this subsection, any [person] |
8 | individual who makes a contribution in violation of this |
9 | section commits a misdemeanor of the third degree. |
10 | * * * |
11 | § 1514. Regulation requiring exclusion or ejection of certain |
12 | persons. |
13 | * * * |
14 | (b) Categories to be defined.--The board shall promulgate |
15 | definitions establishing those categories of persons who shall |
16 | be excluded or ejected pursuant to this section, including |
17 | cheats and persons whose privileges for licensure, |
18 | certification, permit or registration have been revoked. |
19 | * * * |
20 | (f) Notice.--Whenever the [board places] bureau seeks to |
21 | place the name of any person on a list pursuant to this section, |
22 | the [board] bureau shall serve notice of this fact to such |
23 | person by personal service or certified mail at the last known |
24 | address of the person. The notice shall inform the person of the |
25 | right to request a hearing under subsection (g). |
26 | (g) Hearing.--Within 30 days after receipt of notice in |
27 | accordance with subsection (f), the person named for exclusion |
28 | or ejection may demand a hearing before the board, at which |
29 | hearing the [board] bureau shall have the affirmative obligation |
30 | to demonstrate that the person named for exclusion or ejection |
|
1 | satisfies the criteria for exclusion or ejection established by |
2 | this section and the board's regulations. Failure of the person |
3 | to demand a hearing within 30 days after service shall be deemed |
4 | an admission of all matters and facts alleged in the [board's] |
5 | bureau's notice and shall preclude [a] the person from having an |
6 | administrative hearing, but shall in no way affect the right to |
7 | judicial review as provided in this section. |
8 | (h) Review.--If, upon completion of a hearing on the notice |
9 | of exclusion or ejection, the board determines that placement of |
10 | the name of the person on the exclusion or ejection list is |
11 | appropriate, the board shall make and enter an order to that |
12 | effect, which order shall be served on all [slot machine |
13 | licensees] licensed gaming entities. The order shall be subject |
14 | to review by the Commonwealth Court in accordance with the rules |
15 | of court. |
16 | Section 14.2. Title 4 is amended by adding a section to |
17 | read: |
18 | § 1516.1. Prosecutorial and adjudicatory functions. |
19 | The board shall promulgate regulations and adopt procedures |
20 | necessary to ensure that the bureau is a distinct entity and to |
21 | prevent commingling of the investigatory and prosecutorial |
22 | functions of the bureau under section 1517 (relating to |
23 | investigations and enforcement) and the adjudicatory functions |
24 | of the board. Regulations and procedures promulgated or adopted |
25 | under this section shall do all of the following: |
26 | (1) Provide that neither the executive director nor the |
27 | chief counsel of the board shall direct or limit the scope of |
28 | a background investigation conducted by the bureau. |
29 | (2) Incorporate section 1202.1(c.1) (relating to code of |
30 | conduct) and any other applicable provisions of section |
|
1 | 1202.1. |
2 | Section 15. Section 1517(a.1)(2) and (6), (b)(1), (c)(12) |
3 | and (e)(1) of Title 4 are amended, subsection (a.2)(1) is |
4 | amended by adding a subparagraph and subsection (c) is amended |
5 | by adding paragraphs to read: |
6 | § 1517. Investigations and enforcement. |
7 | * * * |
8 | (a.1) Powers and duties of bureau.--The Bureau of |
9 | Investigations and Enforcement shall have the following powers |
10 | and duties: |
11 | * * * |
12 | (2) Investigate and review all applicants for a license, |
13 | permit or registration. The bureau shall be prohibited from |
14 | disclosing any portion of a background investigation report |
15 | to any member prior to the submission of the bureau's final |
16 | background investigation report relating to the applicant's |
17 | suitability for licensure to the board. The Office of |
18 | Enforcement Counsel, on behalf of the bureau, shall prepare |
19 | the final background investigation report for inclusion in a |
20 | final report relating to the applicant's suitability for |
21 | licensure. |
22 | * * * |
23 | (6) Conduct [audits] reviews of a licensed entity as |
24 | necessary to ensure compliance with this part. [An audit] A |
25 | review may include the review of accounting, administrative |
26 | and financial records, management control systems, procedures |
27 | and other records utilized by a licensed entity. |
28 | * * * |
29 | (a.2) Office of Enforcement Counsel.-- |
30 | (1) There is established within the bureau an Office of |
|
1 | Enforcement Counsel which shall act as the prosecutor in all |
2 | noncriminal enforcement actions initiated by the bureau under |
3 | this part and shall have the following powers and duties: |
4 | * * * |
5 | (iv) Petition the board for the appointment of a |
6 | trustee under section 1332 (relating to appointment of |
7 | trustee). |
8 | * * * |
9 | (b) Powers and duties of department.-- |
10 | (1) The department shall at all times have the power of |
11 | access to [examination] examine and audit [of any] equipment |
12 | and records relating to all aspects of the operation of slot |
13 | machines or table games under this part. |
14 | * * * |
15 | (c) Powers and duties of the Pennsylvania State Police.--The |
16 | Pennsylvania State Police shall have the following powers and |
17 | duties: |
18 | * * * |
19 | (1.1) Promptly conduct a background investigation on an |
20 | individual selected by the board to fill the position of |
21 | executive director of the board, director of the bureau, |
22 | chief counsel of the board or the director of the Office of |
23 | Enforcement Counsel and submit the results to the board. |
24 | * * * |
25 | (12) Conduct audits or verification of information of |
26 | slot machine or table game operations at such times, under |
27 | such circumstances and to such extent as the bureau |
28 | determines. This paragraph includes reviews of accounting, |
29 | administrative and financial records and management control |
30 | systems, procedures and records utilized by a slot machine |
|
1 | licensee. |
2 | * * * |
3 | (14) By March 1 of each year, the Commissioner of the |
4 | Pennsylvania State Police shall submit a report to the |
5 | Appropriations Committee of the Senate, the Community, |
6 | Economic and Recreational Development Committee of the |
7 | Senate, the Appropriations Committee of the House of |
8 | Representatives and the Gaming Oversight Committee of the |
9 | House of Representatives. The report shall summarize all law |
10 | enforcement activities at each licensed facility during the |
11 | previous calendar year and shall include all of the |
12 | following: |
13 | (i) The number of arrests made and citations issued |
14 | at each licensed facility and the name of the law |
15 | enforcement agency making the arrest or issuing the |
16 | citation. |
17 | (ii) A list of specific offenses charged for each |
18 | arrest made or citation issued. |
19 | (iii) The number of criminal prosecutions resulting |
20 | from arrests made or citations issued. |
21 | (iv) The number of convictions resulting from |
22 | prosecutions reported under subparagraph (iii). |
23 | (v) The number of Pennsylvania State Police troopers |
24 | assigned to each licensed facility and to the gaming unit |
25 | at the Pennsylvania State Police headquarters. |
26 | (vi) The number and the subject matter of complaints |
27 | made against Pennsylvania State Police troopers in |
28 | licensed facilities and the type of disciplinary actions |
29 | taken by the Pennsylvania State Police, if any, against |
30 | the Pennsylvania State Police troopers. |
|
1 | (vii) The closest local police station, Pennsylvania |
2 | State Police station and regional Pennsylvania State |
3 | Police headquarters to each licensed facility. |
4 | * * * |
5 | (e) Inspection, seizure and warrants.-- |
6 | (1) The bureau, the department and the Pennsylvania |
7 | State Police shall have the authority without notice and |
8 | without warrant to do all of the following in the performance |
9 | of their duties: |
10 | (i) Inspect and examine all premises where slot |
11 | machine or table game operations are conducted, [gaming |
12 | devices or] slot machines, table game devices and |
13 | associated equipment are manufactured, sold, distributed |
14 | or serviced or where records of these activities are |
15 | prepared or maintained. |
16 | (ii) Inspect all equipment and supplies in, about, |
17 | upon or around premises referred to in subparagraph (i). |
18 | (iii) Seize, summarily remove and impound equipment |
19 | and supplies from premises referred to in subparagraph |
20 | (i) for the purposes of examination and inspection. |
21 | (iv) Inspect, examine and audit all books, records |
22 | and documents pertaining to a slot machine licensee's |
23 | operation. |
24 | (v) Seize, impound or assume physical control of any |
25 | book, record, ledger, game, device, cash box and its |
26 | contents, [counting] count room or its equipment or slot |
27 | machine or table game operations. |
28 | * * * |
29 | Section 16. Section 1517.2 of Title 4 is amended to read: |
30 | § 1517.2. Conduct of [public officials and] board employees. |
|
1 | (a) [Ex parte discussion prohibited.--An attorney |
2 | representing the bureau or the Office of Enforcement Counsel, or |
3 | an employee of the bureau or office involved in the hearing |
4 | process, shall not discuss the case ex parte with a hearing |
5 | officer, chief counsel or member] (Reserved). |
6 | (b) [Other prohibitions.--A hearing officer, the chief |
7 | counsel or a member shall not discuss or exercise any |
8 | supervisory responsibility over any employee with respect to an |
9 | enforcement hearing with which the employee is involved] |
10 | (Reserved). |
11 | (c) Disqualification.--If it becomes necessary for the chief |
12 | counsel or a member to become involved on behalf of the board in |
13 | any enforcement proceeding, the chief counsel or the member |
14 | shall be prohibited from participating in the adjudication of |
15 | that matter and shall designate appropriate individuals to |
16 | exercise adjudicatory functions. |
17 | Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), |
18 | (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) of Title 4 |
19 | are amended, subsections (a) and (b) are amended by adding |
20 | paragraphs and the section is amended by adding subsections to |
21 | read: |
22 | § 1518. Prohibited acts; penalties. |
23 | (a) Criminal offenses.-- |
24 | * * * |
25 | (2) It shall be unlawful for a person to willfully: |
26 | (i) fail to report, pay or truthfully account for |
27 | and pay over any license fee, authorization fee, tax or |
28 | assessment imposed under this part; or |
29 | (ii) attempt in any manner to evade or defeat any |
30 | license fee, authorization fee, tax or assessment imposed |
|
1 | under this part. |
2 | (3) It shall be unlawful for any licensed entity, gaming |
3 | employee, key employee or any other person to permit a slot |
4 | machine, table game or table game device to be operated, |
5 | transported, repaired or opened on the premises of a licensed |
6 | facility by a person other than a person licensed or |
7 | permitted by the board pursuant to this part. |
8 | (4) It shall be unlawful for any licensed entity or |
9 | other person to manufacture, supply or place slot machines, |
10 | table games, table game devices or associated equipment into |
11 | play or display slot machines, table games, table game |
12 | devices or associated equipment on the [premise] premises of |
13 | a licensed facility without the authority of the board. |
14 | (5) Except as provided for in section 1326 (relating to |
15 | license renewals), it shall be unlawful for a licensed entity |
16 | or other person to manufacture, supply, operate, carry on or |
17 | expose for play any slot machine, table game, table game |
18 | device or associated equipment after the person's license has |
19 | expired and prior to the actual renewal of the license. |
20 | * * * |
21 | (7) (i) Except as set forth in subparagraph (ii), it |
22 | shall be unlawful for an individual to use or possess a |
23 | cheating or thieving device, counterfeit or altered |
24 | billet, ticket, token or similar objects accepted by a |
25 | slot machine or counterfeit or altered slot machine- |
26 | issued tickets or vouchers at a licensed facility. |
27 | (ii) An authorized employee of a licensee or an |
28 | employee of the board may possess and use a cheating or |
29 | thieving device, counterfeit or altered billet, ticket, |
30 | token or similar objects accepted by a slot machine or |
|
1 | counterfeit or altered slot machine-issued tickets or |
2 | vouchers in performance of the duties of employment. |
3 | [(iii) As used in this paragraph, the term "cheating |
4 | or thieving device" includes, but is not limited to, a |
5 | device to facilitate the alignment of any winning |
6 | combination or to remove from any slot machine money or |
7 | other contents. The term includes, but is not limited to, |
8 | a tool, drill, wire, coin or token attached to a string |
9 | or wire and any electronic or magnetic device.] |
10 | (7.1) It shall be unlawful for an individual to do any |
11 | of the following: |
12 | (i) Use or possess counterfeit, marked, loaded or |
13 | tampered with table game devices or associated equipment, |
14 | chips or other cheating devices in the conduct of gaming |
15 | under this part, except that an authorized employee of a |
16 | licensee or an authorized employee of the board may |
17 | possess and use counterfeit chips or table game devices |
18 | or associated equipment that have been marked, loaded or |
19 | tampered with, or other cheating devices in performance |
20 | of the duties of employment for training, investigative |
21 | or testing purposes only. |
22 | (ii) Knowingly, by a trick or sleight of hand |
23 | performance or by fraud or fraudulent scheme, table game |
24 | device or other device, for himself or for another, win |
25 | or attempt to win any cash, property or prize at a |
26 | licensed facility or to reduce or attempt to reduce a |
27 | losing wager. |
28 | (8) (i) Except as set forth in subparagraph (ii), it |
29 | shall be unlawful for an individual to knowingly possess |
30 | or use while on the premises of a licensed facility a key |
|
1 | or device designed for the purpose of and suitable for |
2 | opening or entering any slot machine, drop box or coin |
3 | box which is located on the premises of the licensed |
4 | facility. |
5 | (ii) An authorized employee of a licensee or a |
6 | member of the board may possess and use a device referred |
7 | to in subparagraph (i) in the performance of the duties |
8 | of employment. |
9 | * * * |
10 | (11) It shall be unlawful for a licensed gaming entity |
11 | that is a licensed racing entity and that has lost the |
12 | license issued to it by either the State Horse Racing |
13 | Commission or the State Harness Racing Commission under the |
14 | Race Horse Industry Reform Act or that has had that license |
15 | suspended to operate slot machines or table games at the |
16 | racetrack for which its slot machine license was issued |
17 | unless the license issued to it by either the State Horse |
18 | Racing Commission or the State Harness Racing Commission will |
19 | be subsequently reissued or reinstated within 30 days after |
20 | the loss or suspension. |
21 | * * * |
22 | (13) It shall be unlawful for [any person] an individual |
23 | under [18] 21 years of age to [be permitted in the] enter and |
24 | remain in any area of a licensed facility where slot machines |
25 | are operated or the play of table games is conducted, except |
26 | that an individual 18 years of age or older employed by a |
27 | slot machine licensee, a gaming service provider, the board |
28 | or any other regulatory or emergency response agency may |
29 | enter and remain in any such area while engaged in the |
30 | performance of the individual's employment duties. |
|
1 | (13.1) It shall be unlawful for an individual under 21 |
2 | years of age to wager, play or attempt to play a slot machine |
3 | or table game at a licensed facility. |
4 | (14) (Reserved). |
5 | (15) It shall be unlawful for a licensed gaming entity |
6 | to require a wager to be greater than the stated minimum |
7 | wager or less than the stated maximum wager. However, a wager |
8 | made by a player and not rejected by a licensed gaming entity |
9 | prior to commencement of play shall be treated as a valid |
10 | wager. A wager accepted by a dealer shall be paid or lost in |
11 | its entirety in accordance with the rules of the game, |
12 | notwithstanding that the wager exceeded the current table |
13 | maximum wager or was lower than the current table minimum |
14 | wager. |
15 | (16) An individual that engages in conduct prohibited by |
16 | 18 Pa.C.S. § 6308 (relating to purchase, consumption, |
17 | possession or transfer of liquor or malt or brewed beverages) |
18 | in a licensed facility commits a nongambling offense. |
19 | (17) It shall be unlawful for an individual to claim, |
20 | collect or take, or attempt to claim, collect or take, money |
21 | or anything of value in or from a slot machine, gaming table |
22 | or other table game device, with the intent to defraud, or to |
23 | claim, collect or take an amount greater than the amount won, |
24 | or to manipulate with the intent to cheat, any component of |
25 | any slot machine, table game or table game device in a manner |
26 | contrary to the designed and normal operational purpose. |
27 | (b) Criminal penalties and fines.-- |
28 | (1) (i) A person that commits a first offense in |
29 | violation of 18 Pa.C.S. § 4902, 4903 or 4904 in |
30 | connection with providing information or making any |
|
1 | statement, whether written or oral, to the board, the |
2 | bureau, the department, the Pennsylvania State Police, |
3 | the Office of Attorney General or a district attorney as |
4 | required by this part commits an offense to be graded in |
5 | accordance with the applicable section violated. A person |
6 | that is convicted of a second or subsequent violation of |
7 | 18 Pa.C.S. § 4902, 4903 or 4904 in connection with |
8 | providing information or making any statement, whether |
9 | written or oral, to the board, the bureau, the |
10 | department, the Pennsylvania State Police, the Office of |
11 | Attorney General or a district attorney as required by |
12 | this part commits a felony of the second degree. |
13 | (ii) A person that violates subsection (a)(2) |
14 | through (12) or (17) commits a misdemeanor of the first |
15 | degree. A person that is convicted of a second or |
16 | subsequent violation of subsection (a)(2) through (12) or |
17 | (17) commits a felony of the second degree. |
18 | (2) (i) For a first violation of subsection (a)(1) |
19 | through (12) or (17), a person shall be sentenced to pay |
20 | a fine of: |
21 | (A) not less than $75,000 nor more than $150,000 |
22 | if the person is an individual; |
23 | (B) not less than $300,000 nor more than |
24 | $600,000 if the person is a licensed gaming entity; |
25 | or |
26 | (C) not less than $150,000 nor more than |
27 | $300,000 if the person is a licensed manufacturer or |
28 | supplier. |
29 | (ii) For a second or subsequent violation of |
30 | subsection (a)(1) through (12) or (17), a person shall be |
|
1 | sentenced to pay a fine of: |
2 | (A) not less than $150,000 nor more than |
3 | $300,000 if the person is an individual; |
4 | (B) not less than $600,000 nor more than |
5 | $1,200,000 if the person is a licensed gaming entity; |
6 | or |
7 | (C) not less than $300,000 nor more than |
8 | $600,000 if the person is a licensed manufacturer or |
9 | supplier. |
10 | (3) An individual who commits an offense in violation of |
11 | subsection (a)(13) or (13.1) commits a nongambling summary |
12 | offense and upon conviction of a first offense shall be |
13 | sentenced to pay a fine of not less than $200 nor more than |
14 | $1,000. An individual that is convicted of a second or |
15 | subsequent offense under subsection (a)(13) or (13.1) shall |
16 | be sentenced to pay a fine of not less than $500 nor more |
17 | than $1,500. In addition to the fine imposed, an individual |
18 | convicted of an offense under subsection (a)(13) or (13.1) |
19 | may be sentenced to perform a period of community service not |
20 | to exceed 40 hours. |
21 | (4) An individual that commits an offense in violation |
22 | of subsection (a)(16) commits a nongambling offense to be |
23 | graded in accordance with 18 Pa.C.S. § 6308 and shall be |
24 | subject to the same penalties imposed pursuant to 18 Pa.C.S. |
25 | § 6308 and 6310.4 (relating to restriction of operating |
26 | privileges) except that the fine imposed for a violation of |
27 | subsection (a)(16) shall be not less than $350 nor more than |
28 | $1,000. |
29 | (c) Board-imposed administrative sanctions.-- |
30 | (1) In addition to any other penalty authorized by law, |
|
1 | the board may impose without limitation the following |
2 | sanctions upon any licensee or permittee: |
3 | * * * |
4 | (v) Suspend the license of any licensed gaming |
5 | entity for violation of or attempting to violate any |
6 | provisions of this part or regulations promulgated under |
7 | this part relating to its slot machine or table game |
8 | operations. |
9 | * * * |
10 | (3) In addition to any other fines or penalties that the |
11 | board may impose under this part or regulation, if a person |
12 | violates subsection (a)(2), the board shall impose an |
13 | administrative penalty of three times the amount of the |
14 | license fee, authorization fee, tax or other assessment |
15 | evaded and not paid, collected or paid over. This subsection |
16 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
17 | (d) Aiding and abetting.--A person who aids, abets, |
18 | counsels, commands, induces, procures or causes another person |
19 | to violate a provision of this part shall be subject to all |
20 | sanctions and penalties, both civil and criminal, provided under |
21 | this part. |
22 | (e) Continuing offenses.--A violation of this part that is |
23 | determined to be an offense of a continuing nature shall be |
24 | deemed to be a separate offense on each event or day during |
25 | which the violation occurs. Nothing in this section shall be |
26 | construed to preclude the commission of multiple violations of |
27 | the provisions of this part in any one day that establish |
28 | offenses consisting of separate and distinct acts or violations |
29 | of the provisions of this part or regulations promulgated under |
30 | this part. |
|
1 | (f) Property subject to seizure, confiscation, destruction |
2 | or forfeiture.--Any equipment, device or apparatus, money, |
3 | material, gaming proceeds or substituted proceeds or real or |
4 | personal property used, obtained or received or any attempt to |
5 | use, obtain or receive the device, apparatus, money, material, |
6 | proceeds or real or personal property in violation of this part, |
7 | shall be subject to seizure, confiscation, destruction or |
8 | forfeiture. |
9 | Section 17. Title 4 is amended by adding sections to read: |
10 | § 1518.1. Report of suspicious transactions. |
11 | (a) Duty.--A slot machine licensee or a person acting on |
12 | behalf of a slot machine licensee shall file a report of any |
13 | suspicious transaction with the bureau. The filing with the |
14 | bureau of a copy of a report made under 31 CFR 103.21 (relating |
15 | to reports by casinos of suspicious transactions) shall satisfy |
16 | this requirement. |
17 | (b) Failure to report.-- |
18 | (1) A person required under this section to file a |
19 | report of a suspicious transaction who knowingly fails to |
20 | file a report of a suspicious transaction or who knowingly |
21 | causes another person having that responsibility to fail to |
22 | file a report commits a misdemeanor of the third degree. |
23 | (2) A person required under this section to file a |
24 | report of a suspicious transaction who fails to file a report |
25 | or a person who causes another person required under this |
26 | section to file a report of a suspicious transaction to fail |
27 | to file a report shall be strictly liable for his actions and |
28 | may be subject to sanction under section 1518(c) (relating to |
29 | prohibited acts; penalties). |
30 | (c) Bureau.--The bureau shall maintain a record of all |
|
1 | reports made under this section for a period of five years. The |
2 | bureau shall make the reports available to any Federal or State |
3 | law enforcement agency upon written request and without |
4 | necessity of subpoena. |
5 | (d) Notice prohibited.--A person who is required to file a |
6 | report of a suspicious transaction under this section shall not |
7 | notify any individual suspected of committing the suspicious |
8 | transaction that the transaction has been reported. Any person |
9 | that violates this subsection commits a misdemeanor of the third |
10 | degree and may be subject to sanction under section 1518(c). |
11 | (e) Immunity.--A person who is required to file a report of |
12 | a suspicious transaction under this section who in good faith |
13 | makes the report shall not be liable in any civil action brought |
14 | by any person for making the report, regardless of whether the |
15 | transaction is later determined to be suspicious. |
16 | (f) Sanctions.-- |
17 | (1) In considering appropriate administrative sanctions |
18 | against any person for a violation of this section, the board |
19 | shall consider all of the following: |
20 | (i) The risk to the public and to the integrity of |
21 | gaming operations created by the conduct of the person. |
22 | (ii) The seriousness of the conduct of the person |
23 | and whether the conduct was purposeful and with knowledge |
24 | that it was in contravention of the provisions of this |
25 | part or regulations promulgated under this part. |
26 | (iii) Any justification or excuse for the conduct by |
27 | the person. |
28 | (iv) The prior history of the particular licensee or |
29 | person involved with respect to gaming activity. |
30 | (v) The corrective action taken by the slot machine |
|
1 | licensee to prevent future misconduct of a like nature |
2 | from occurring. |
3 | (vi) In the case of a monetary penalty, the amount |
4 | of the penalty in relation to the severity of the |
5 | misconduct and the financial means of the licensee or |
6 | person. The board may impose any schedule or terms of |
7 | payment of such penalty as it may deem appropriate. |
8 | (2) It shall be no defense to disciplinary action before |
9 | the board that a person inadvertently, unintentionally or |
10 | unknowingly violated a provision of this section. The factors |
11 | under paragraph (1) shall only go to the degree of the |
12 | penalty to be imposed by the board and not to a finding of a |
13 | violation itself. |
14 | (g) Regulations.--The board shall promulgate regulations to |
15 | effectuate the purposes of this section. |
16 | § 1518.2. Additional authority. |
17 | (a) General rule.--The director of the Office of Enforcement |
18 | Counsel within the bureau may petition a court of record having |
19 | jurisdiction over information in the possession of an agency in |
20 | this Commonwealth, or if there is no such court, then the |
21 | Commonwealth Court for authorization to review or obtain |
22 | information in the possession of an agency in this Commonwealth |
23 | by averring specific facts demonstrating that the agency has in |
24 | its possession information material to a pending investigation |
25 | or inquiry being conducted by the bureau pursuant to this part |
26 | and that disclosure or release is in the best interest of the |
27 | Commonwealth. The petition shall request that the court enter a |
28 | rule upon the agency to show cause why the agency should not be |
29 | directed to disclose to the bureau, or identified agents |
30 | thereof, information in its possession about any pending matter |
|
1 | under the jurisdiction of the bureau pursuant to this part. If a |
2 | respondent is a local agency, a copy of any rule issued pursuant |
3 | to this section shall be provided to the district attorney of |
4 | the county in which the local agency is located and the Office |
5 | of Attorney General. Upon request of a local agency, the |
6 | district attorney or the Attorney General may elect to enter an |
7 | appearance to represent the local agency in the proceedings. |
8 | (b) Procedure.--The filing of a petition pursuant to this |
9 | section and related proceedings shall be in accordance with |
10 | court rule, including issuance as of course. A party to the |
11 | proceeding shall not disclose the filing of a petition or answer |
12 | or the receipt, content or disposition of a rule or order issued |
13 | pursuant to this section without leave of court. Any party to |
14 | the proceedings may request that the record be sealed and |
15 | proceedings be closed. The court shall grant the request if it |
16 | is in the best interest of any person or the Commonwealth to do |
17 | so. |
18 | (c) Court determination.--Following review of the record, |
19 | the court shall grant the relief sought by the director of the |
20 | Office of Enforcement Counsel if the court determines that the |
21 | agency has in its possession information material to the |
22 | investigation or inquiry and that disclosure or release of the |
23 | information is in the best interest of the Commonwealth, that |
24 | the disclosure or release of the information is not otherwise |
25 | prohibited by statute or regulation and that the disclosure or |
26 | release of the information would not inhibit an agency in the |
27 | performance of the agency's duties. If the court so determines, |
28 | the court shall enter an order authorizing and directing the |
29 | information be made available for review in camera. |
30 | (d) Release of materials or information.--If, after an in |
|
1 | camera review by the court, the director of the Office of |
2 | Enforcement Counsel seeks to obtain copies of materials in the |
3 | agency's possession, the court may, if not otherwise prohibited |
4 | by statute or regulation, enter an order that the requested |
5 | materials be provided. Any order authorizing the release of |
6 | materials or other information shall contain direction regarding |
7 | the safekeeping and use of the materials or other information |
8 | sufficient to satisfy the court that the materials or |
9 | information will be sufficiently safeguarded. In making this |
10 | determination the court shall consider the input of the agency |
11 | in possession of the information and any input from any agency |
12 | with which the information originated concerning any pending |
13 | investigation or ongoing matter and the safety of person and |
14 | property. |
15 | (e) Modification of order.--If subsequent investigation or |
16 | inquiry by the bureau warrants modification of any order entered |
17 | pursuant to this section, the director of the Office of |
18 | Enforcement Counsel may petition to request the modification. |
19 | Upon such request, the court may modify its orders at any time |
20 | and in any manner it deems necessary and appropriate. The agency |
21 | named in the original petition shall be given notice and an |
22 | opportunity to be heard. |
23 | (f) Use of information or materials.--Any person who, by any |
24 | means authorized by this section, has obtained knowledge of |
25 | information or materials solely pursuant to this section may use |
26 | such information or materials in a manner consistent with any |
27 | directions imposed by the court and appropriate to the proper |
28 | performance of the person's official duties under this part. |
29 | (g) Violation.--In addition to any remedies and penalties |
30 | provided in this part, any violation of the provisions of this |
|
1 | section may be punished as contempt of the court. |
2 | (h) Definition.--As used in this section the term "agency" |
3 | shall mean a "Commonwealth agency" or a "local agency" as those |
4 | terms are defined in section 102 of the act of February 14, 2008 |
5 | (P.L.6, No.3), known as the Right-to-Know Law. |
6 | § 1518.3. Applicability of Clean Indoor Air Act. |
7 | Notwithstanding section 11(b) of the act of June 13, 2008 |
8 | (P.L.182, No.27), known as the Clean Indoor Air Act, the |
9 | provisions of section 3(b)(11) of the Clean Indoor Air Act shall |
10 | apply to all licensed facilities. |
11 | Section 17.1. Section 1521 of Title 4 is amended by adding a |
12 | subsection to read: |
13 | § 1521. Liquor licenses at licensed facilities. |
14 | * * * |
15 | (b.1) Liquor Code sanctions.--Notwithstanding any other |
16 | provision of law, a person holding a slot machine license that |
17 | also holds a license issued by the Pennsylvania Liquor Control |
18 | Board shall not be subject to the provisions of section 471(c) |
19 | of the Liquor Code. In addition, if a fine is imposed under |
20 | section 471(b) of the Liquor Code, it shall be for not less than |
21 | $250 nor more than $25,000. The prior citation history of the |
22 | slot machine licensee shall be considered in determining the |
23 | amount of the fine. |
24 | * * * |
25 | Section 18. Section 1522 of Title 4 is amended to read: |
26 | § 1522. Interception of oral communications. |
27 | The interception and recording of oral communications made in |
28 | a [counting] count room of a licensed facility by a licensee |
29 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
30 | (relating to wiretapping and electronic surveillance). Notice |
|
1 | that oral communications are being intercepted and recorded |
2 | shall be posted conspicuously in the [counting] count room. |
3 | Section 18.1. Title 4 is amended by adding a section to |
4 | read: |
5 | § 1523. Electronic funds transfer terminals. |
6 | (a) Prohibition.--A slot machine licensee may not install, |
7 | own or operate or allow another person to install, own or |
8 | operate on the premises of the licensed facility a slot machine |
9 | or table game that is played with a device that allows a player |
10 | to operate the slot machine or table game by transferring funds |
11 | electronically from a debit card, credit card or by means of an |
12 | electronic funds transfer terminal. |
13 | (b) Definitions.--As used in this section, the following |
14 | words and phrases shall have the meanings given to them in this |
15 | subsection unless the context clearly indicates otherwise: |
16 | "Electronic funds transfer terminal." An information- |
17 | processing device or an automatic teller machine used for |
18 | executing deposit account transactions between financial |
19 | institutions and their account holders by either the direct |
20 | transmission of electronic impulses or the recording of |
21 | electronic impulses for delayed processing. The fact that a |
22 | device is used for other purposes shall not prevent it from |
23 | being considered an electronic funds transfer terminal under |
24 | this definition. |
25 | Section 18.2. Title 4 is amended by adding chapters to read: |
26 | Chapter 16 |
27 | JUNKETS |
28 | Sec. |
29 | 1601. Gaming junkets authorized. |
30 | 1602. Gaming junket enterprise license. |
|
1 | 1603. Classification system. |
2 | 1604. Gaming junket representatives. |
3 | 1605. Junket agreements. |
4 | 1606. Conduct of junket. |
5 | 1607. Violation of terms. |
6 | 1608. Records. |
7 | 1609. Report. |
8 | 1610. Gaming junket arrangement. |
9 | 1611. Prohibitions. |
10 | § 1601. Gaming junkets authorized. |
11 | The board may authorize the organization and conduct of |
12 | gaming junkets subject to the provisions of this chapter. No |
13 | gaming junket shall be organized or permitted to operate in this |
14 | Commonwealth and no person shall act as a gaming junket |
15 | representative or gaming junket enterprise except in accordance |
16 | with this chapter. The board shall establish a reasonable |
17 | application and authorization fee for any license, permit or |
18 | other authorization issued under this chapter. |
19 | § 1602. Gaming junket enterprise license. |
20 | (a) Gaming junket enterprise license required.--All gaming |
21 | junket enterprises shall obtain a license from the board prior |
22 | to acting as a gaming junket enterprise in this Commonwealth. |
23 | (b) Application.-–A gaming junket enterprise license |
24 | application shall be in a form prescribed by the board and shall |
25 | include the following: |
26 | (1) The name, address and photograph of the applicant |
27 | and all owners, directors, managers and supervisory employees |
28 | of a gaming junket enterprise. |
29 | (2) The details of a gaming junket enterprise license or |
30 | similar license applied for or granted or denied to the |
|
1 | applicant by another jurisdiction. |
2 | (3) Consent for the bureau to conduct a background |
3 | investigation, the scope of which shall be determined by the |
4 | board. |
5 | (4) All releases necessary for the bureau and the board |
6 | to acquire licensing documents and other information |
7 | necessary to conduct a background investigation or otherwise |
8 | evaluate the application. |
9 | (5) A list of all civil judgments obtained against the |
10 | applicant pertaining to any gaming junket enterprise with |
11 | which the applicant has been associated. |
12 | (6) A description of the operation and organization of |
13 | the gaming junket enterprise. |
14 | (7) Any additional information required by the board. |
15 | (c) Enforcement information.-–If the applicant has held a |
16 | gaming junket license or other gaming license in another |
17 | jurisdiction, the applicant may submit a letter of reference |
18 | from the gaming enforcement agency in the other jurisdiction. |
19 | The letter shall specify the experiences of the agency with the |
20 | applicant, the applicant's associates and the applicant's gaming |
21 | junket enterprise or gaming activity. If no letter is received |
22 | within 30 days following the applicant's request, the applicant |
23 | may submit a statement under oath, subject to the penalty for |
24 | false swearing under 18 Pa.C.S. § 4903 (relating to false |
25 | swearing), that the applicant is in good standing with the |
26 | gaming enforcement agency in the other jurisdiction. |
27 | (d) Issuance.-–Following review of the application, |
28 | completion of the background investigation and payment of the |
29 | license fee established by the board under section 1601(a) |
30 | (relating to gaming junkets authorized), the board may issue a |
|
1 | gaming junket enterprise license to the applicant if the |
2 | applicant has proven by clear and convincing evidence that the |
3 | applicant is a person of good character, honesty and integrity |
4 | and that the applicant's activities, criminal record, |
5 | reputation, habits and associations do not pose a threat to the |
6 | public interest or suitable or legitimate operation of gaming. |
7 | (e) Failure to cooperate.-–Failure to provide required |
8 | information or releases under this section shall result in the |
9 | immediate denial of an application for a license. |
10 | (f) Nontransferability.-–A license issued under this section |
11 | shall be nontransferable. |
12 | § 1603. Classification system. |
13 | The board shall develop a classification system for the |
14 | regulation of gaming junket enterprises and the individuals and |
15 | entities associated with gaming junket enterprises. |
16 | § 1604. Gaming junket representatives. |
17 | (a) Occupation permit.-–Except as otherwise provided in |
18 | subsection (e), a gaming junket representative shall obtain an |
19 | occupation permit from the board in accordance with section 1318 |
20 | (relating to occupation permit application). |
21 | (b) Application.-–In addition to the requirements of section |
22 | 1308 (relating to applications for license or permit), the |
23 | application for a gaming junket representative occupation permit |
24 | shall be in a form prescribed by the board and shall include the |
25 | following: |
26 | (1) Verification of employment status as a gaming junket |
27 | representative with a licensed gaming junket enterprise or an |
28 | applicant for a gaming junket enterprise license. |
29 | (2) A description of employment responsibilities. |
30 | (3) A consent form to allow the bureau to conduct a |
|
1 | background investigation, the scope of which shall be |
2 | determined by the board. |
3 | (4) A release for the bureau and the board to acquire |
4 | copies of information from government agencies, employers and |
5 | others as necessary to complete the investigation. |
6 | (5) Fingerprints which shall be submitted to the |
7 | Pennsylvania State Police. |
8 | (6) A photograph that meets the standards of the |
9 | Commonwealth Photo Imaging Network. |
10 | (7) Details relating to a similar license, permit or |
11 | other authorization obtained in another jurisdiction, if any. |
12 | (8) Any additional information required by the board. |
13 | (c) Issuance.-–Following review of the application, |
14 | background investigation and payment of the permit fee |
15 | established by the board under section 1601(a) (relating to |
16 | gaming junkets authorized), the board may issue an occupation |
17 | permit if the applicant has proven by clear and convincing |
18 | evidence that the applicant is a person of good character, |
19 | honesty and integrity and is eligible and suitable to receive an |
20 | occupation permit. |
21 | (d) Nontransferability.-–An occupation permit issued under |
22 | this section shall be nontransferable. |
23 | (e) Holder of occupation permit.–-Nothing in this section |
24 | shall be construed to prohibit an individual who holds a valid |
25 | occupation permit and who is employed by a slot machine licensee |
26 | from acting as a junket representative. A gaming junket |
27 | representative need not be a resident of this Commonwealth. |
28 | § 1605. Junket agreements. |
29 | Agreements entered into between a slot machine licensee and a |
30 | gaming junket enterprise or a gaming junket representative shall |
|
1 | include a provision for the termination of the agreement without |
2 | liability on the part of the slot machine licensee if: |
3 | (1) The board orders the suspension, limitation, |
4 | conditioning, denial or revocation of the license of a gaming |
5 | junket representative license or occupation permit of a |
6 | gaming junket representative. |
7 | (2) The board disapproves the agreement and requires its |
8 | termination. |
9 | Failure to expressly include the termination requirement under |
10 | this section in the agreement shall not constitute a defense in |
11 | an action brought relating to the termination of the agreement. |
12 | § 1606. Conduct of junket. |
13 | A slot machine licensee shall be responsible for the conduct |
14 | of a gaming junket representative or gaming junket enterprise |
15 | with which the slot machine licensee has an agreement and for |
16 | the terms and conditions of a gaming junket on its premises. |
17 | § 1607. Violation of terms. |
18 | Notwithstanding any other provision of this part, if the |
19 | board determines that the terms of an agreement to conduct a |
20 | gaming junket were violated by a slot machine licensee, gaming |
21 | junket enterprise or gaming junket representative, the board may |
22 | do any or all of the following: |
23 | (1) Order restitution to the gaming junket participant. |
24 | (2) Assess civil penalties or sanctions under section |
25 | 1518 (relating to prohibited acts; penalties) for a violation |
26 | or deviation from the terms of the junket agreement. |
27 | § 1608. Records. |
28 | The board shall prescribe procedures and forms to retain |
29 | records relating to the conduct of a gaming junket by a slot |
30 | machine licensee. A slot machine licensee shall: |
|
1 | (1) Maintain a current report of the operations of |
2 | gaming junkets conducted at its licensed facility. |
3 | (2) Submit to the board and the bureau a list of all its |
4 | employees who conduct business on behalf of the slot machine |
5 | licensee with gaming junket representatives on a full-time, |
6 | part-time or temporary basis. |
7 | (3) Maintain records of all agreements entered into with |
8 | a gaming junket enterprise or gaming junket representative |
9 | for a minimum of five years. |
10 | (4) Provide any other information relating to a gaming |
11 | junket required by the board or bureau. |
12 | § 1609. Report. |
13 | A slot machine licensee, gaming junket representative or |
14 | gaming junket enterprise shall file a report with the bureau on |
15 | each list of gaming junket participants or potential gaming |
16 | junket participants purchased by the slot machine licensee, |
17 | gaming junket representative or gaming junket enterprise. The |
18 | report shall include the source of the list and zip codes of |
19 | participants or potential participants on a list purchased |
20 | directly or indirectly by a slot machine licensee, gaming junket |
21 | representative or gaming junket enterprise. Nothing in this |
22 | section shall require the reporting or maintenance of personal |
23 | identifying information pertaining to participants or potential |
24 | participants. |
25 | § 1610. Gaming junket arrangement. |
26 | Upon petition by a slot machine licensee, the board may grant |
27 | an exemption from the permit requirements of this chapter to a |
28 | gaming junket representative. The board shall consult with the |
29 | bureau prior to granting an exemption under this section and |
30 | shall consider the following: |
|
1 | (1) The terms of the gaming junket arrangement. |
2 | (2) The number and scope of gaming junkets. |
3 | (3) Whether the exemption is consistent with the |
4 | policies and purposes of this part. |
5 | (4) Any other factor deemed necessary by the bureau or |
6 | board. |
7 | The board may condition, limit or restrict the exemption. |
8 | § 1611. Prohibitions. |
9 | A gaming junket enterprise or gaming junket representative |
10 | shall not do any of the following: |
11 | (1) Engage in efforts to collect on any check provided |
12 | by a gaming junket participant that has been returned by a |
13 | financial institution without payment. |
14 | (2) Exercise approval authority over the authorization |
15 | or issuance of credit under section 1327A (relating to other |
16 | financial transactions). |
17 | (3) Receive or retain a fee from an individual for the |
18 | privilege of participating in a gaming junket. |
19 | (4) Pay for any service, including transportation, or |
20 | other thing of value provided to a participant participating |
21 | in a gaming junket except as authorized by this part. |
22 | CHAPTER 17 |
23 | GAMING SCHOOLS |
24 | Sec. |
25 | 1701. Curriculum. |
26 | 1701.1. (Reserved). |
27 | 1702. Gaming school gaming equipment. |
28 | § 1701. Curriculum. |
29 | The Department of Labor and Industry, in consultation with |
30 | the Department of Education and the board, shall, within 60 days |
|
1 | following the effective date of this section, develop curriculum |
2 | guidelines, including minimum proficiency requirements |
3 | established by the board, for gaming school instruction. The |
4 | guidelines shall, at a minimum, establish courses of instruction |
5 | that will provide individuals with adequate job training |
6 | necessary to obtain employment as a gaming employee with a |
7 | licensed gaming entity. |
8 | § 1701.1. (Reserved). |
9 | § 1702. Gaming school gaming equipment. |
10 | (a) Use of gaming equipment.--All gaming equipment utilized |
11 | by a gaming school, including slot machines, table game devices, |
12 | associated equipment and all representations of value, shall be |
13 | used for training, instructional and practice purposes only. The |
14 | use of any such gaming equipment for actual gaming by any person |
15 | is prohibited. |
16 | (b) Chips.--Unless the board otherwise determines, all |
17 | gaming chips and other representations of value utilized by a |
18 | gaming school shall be distinctly dissimilar to any chips |
19 | utilized by a slot machine licensee. |
20 | (c) Possession, removal and transport of equipment.--No |
21 | gaming school shall possess, remove or transport, or cause to be |
22 | removed or transported, any slot machine, table game device or |
23 | associated equipment except in accordance with this part. |
24 | (d) Serial numbers.--Each slot machine, table game device |
25 | and associated equipment on the premises of a gaming school |
26 | shall have permanently affixed on it a serial number which, |
27 | together with the location of the machine or table game device, |
28 | shall be filed with the board. |
29 | (e) Security.--Each gaming school shall provide adequate |
30 | security for the slot machines, table games, table game devices |
|
1 | and associated equipment on the gaming school premises. |
2 | (f) Notice to board and bureau.--No gaming school shall sell |
3 | or transfer any slot machine, table game, table game device or |
4 | associated equipment except upon prior written notice to the |
5 | board and the bureau. |
6 | (g) Additional training.--Each individual attending gaming |
7 | school shall be trained in cardiopulmonary resuscitation. |
8 | Section 18.3. Section 1901(a) of Title 4 is amended to read: |
9 | § 1901. Appropriations. |
10 | (a) Appropriation to board.-- |
11 | (1) The sum of $7,500,000 is hereby appropriated to the |
12 | Pennsylvania Gaming Control Board for the fiscal period July |
13 | 1, 2004, to June 30, 2006, to implement and administer the |
14 | provisions of this part. The money appropriated in this |
15 | subsection shall be considered a loan from the General Fund |
16 | and shall be repaid to the General Fund quarterly commencing |
17 | with the date slot machine licensees begin operating slot |
18 | machines under this part. This appropriation shall be a two- |
19 | year appropriation and shall not lapse until June 30, 2006. |
20 | (2) The sum of $2,100,000 is hereby appropriated from |
21 | the State Gaming Fund to the Pennsylvania Gaming Control |
22 | Board for salaries, wages and all necessary expenses for the |
23 | proper operation and administration of the Pennsylvania |
24 | Gaming Control Board for the expansion of gaming associated |
25 | with table games. This appropriation shall be a supplemental |
26 | appropriation for fiscal year 2009-2010 and shall be in |
27 | addition to the appropriation contained in the act of August |
28 | 19, 2009 (P.L. , No.9A), known as the Gaming Control |
29 | Appropriation Act of 2009. |
30 | * * * |
|
1 | Section 18.4. Title 4 is amended by adding a section to |
2 | read: |
3 | § 1901.2. Commonwealth Financing Authority. |
4 | The Commonwealth Financing Authority shall establish |
5 | accounts, administer and distribute the funds deposited into the |
6 | accounts and perform all other duties of the Commonwealth |
7 | Financing Authority required under this part. |
8 | Section 19. No later than 90 days after the effective date |
9 | of this section, the Pennsylvania Gaming Control Board shall |
10 | transfer the sum of $12,500,000 from the amounts previously |
11 | appropriated to the Pennsylvania Gaming Control Board pursuant |
12 | to 4 Pa.C.S. § 1408 to the General Fund. |
13 | Section 19.1. No later than ten business days after the |
14 | effective date of this section, the Department of Revenue shall |
15 | pay to each Category 1 and Category 2 slot machine licensee from |
16 | its existing account established under 4 Pa.C.S. § 1401(a) an |
17 | amount sufficient to bring the balance in the account to |
18 | $1,500,000. |
19 | Section 19.2. The Pennsylvania Gaming Control Board shall |
20 | receive and accept for consideration additional applications for |
21 | a Category 3 license in accordance with 4 Pa.C.S. § 1305 if the |
22 | license has not been approved by the board on the effective date |
23 | of this section. An applicant that filed an application for a |
24 | Category 3 license prior to the effective date of this section |
25 | shall not be required to resubmit the application. The |
26 | additional application period shall be for 90 days from the |
27 | effective date of this section. This section shall supersede any |
28 | prior application period established under 4 Pa.C.S. Pt. II. |
29 | Section 19.3. The provisions of this act are severable. If |
30 | any provision of this act or its application to any person or |
|
1 | circumstance is held invalid, the invalidity shall not affect |
2 | other provisions or applications of this act which can be given |
3 | effect without the invalid provision or application. |
4 | Section 19.4. The amendment of 4 Pa.C.S. § 1201(h)(13)(i) |
5 | shall not apply to individuals employed on the effective date of |
6 | this section by the Pennsylvania Gaming Control Board until July |
7 | 1, 2010. |
8 | Section 19.5. Repeals are as follows: |
9 | (1) The General Assembly declares that the repeal under |
10 | paragraph (2) is necessary to effectuate the amendment or |
11 | addition of 4 Pa.C.S. § 1407(d)(7) and (d.1). |
12 | (2) The following provisions of the act of July 25, 2007 |
13 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
14 | Development and Tourism Fund Capital Budget Itemization Act |
15 | of 2007, are repealed to the extent specified: |
16 | (i) Section 3(2)(i)(G), absolutely. |
17 | (ii) Section 4(7), absolutely. |
18 | (iii) Section 5, insofar as inconsistent with this |
19 | act. |
20 | Section 19.6. The amendment of 4 Pa.C.S. § 1406(a) shall |
21 | apply retroactively to January 1, 2010. |
22 | Section 20. The following shall apply: |
23 | (1) The amendment of 4 Pa.C.S. § 1213 shall not apply to |
24 | any of the following: |
25 | (i) An application submitted before the effective |
26 | date of this section. |
27 | (ii) Any license or permit issued prior to the |
28 | effective date of this section. |
29 | (iii) The renewal of any license or permit issued or |
30 | applied for prior to the effective date of this section. |
|
1 | (2) The amendment of 4 Pa.C.S. § 1202(a)(2) and the |
2 | addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an |
3 | individual: |
4 | (i) who, on July 1, 2009, was serving officially or |
5 | acting as Executive Director of the Pennsylvania Gaming |
6 | Control Board, Chief Counsel of the board, or the |
7 | Director of the Office of Enforcement Counsel within the |
8 | Bureau of Investigations and Enforcement; and |
9 | (ii) on whom the bureau or the Pennsylvania State |
10 | Police completed a background investigation as a |
11 | condition of employment with the board. |
12 | (3) The amendment or addition of 4 Pa.C.S. § 1201(h) |
13 | (4.1) and (5) shall not apply to: |
14 | (i) an individual appointed to the Pennsylvania |
15 | Gaming Control Board before July 1, 2010; or |
16 | (ii) an individual under subparagraph (i) who is |
17 | reappointed to the Pennsylvania Gaming Control Board. |
18 | Section 21. This act shall take effect as follows: |
19 | (1) The following provisions shall take effect July 1, |
20 | 2011: |
21 | (i) The amendment of 4 Pa.C.S. § 1407. |
22 | (ii) Section 19.5 of this act. |
23 | (2) The amendment of 4 Pa.C.S. § 1307 increasing the |
24 | number of Category 3 licensed facilities authorized by 4 |
25 | Pa.C.S. Pt. II from two to three shall take effect: |
26 | (i) on July 20, 2017, if all Category 3 licensed |
27 | facilities authorized by 4 Pa.C.S. Pt. II before the |
28 | effective date of this subparagraph have commenced the |
29 | operation of slot machines; or |
30 | (ii) if all Category 3 licensed facilities |
|
1 | authorized by 4 Pa.C.S. Pt. II before the effective date |
2 | of this subparagraph have not commenced operation on or |
3 | before July 20, 2017, upon a written determination of the |
4 | Pennsylvania Gaming Control Board issued after July 20, |
5 | 2017, that all Category 3 licensed facilities authorized |
6 | by 4 Pa.C.S. Pt. II before the effective date of this |
7 | subparagraph have commenced the operation of slot |
8 | machines. |
9 | (3) The remainder of this act shall take effect immediately. |
|
