Act 71 Pennsylvania Gaming Law Part 7 of 9

1 RACETRACK AT WHICH THE LICENSED RACING ENTITY OPERATES
2 FOR THE BENEFIT OF THE ORGANIZATION'S MEMBERS, THEIR
3 FAMILIES, EMPLOYEES AND OTHERS IN ACCORDANCE WITH THE
4 RULES AND ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION,
5 AS 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 EACH
8 MONTH INTO A SEPARATE ACCOUNT TO BE ESTABLISHED BY EACH
9 RESPECTIVE HORSEMEN'S ORGANIZATION AT A BANKING
10 INSTITUTION OF ITS CHOICE. OF THIS AMOUNT, $250,000 SHALL
11 BE PAID ANNUALLY BY THE HORSEMEN'S ORGANIZATION TO THE
12 THOROUGHBRED JOCKEYS OR STANDARDBRED DRIVERS ORGANIZATION
13 AT THE RACETRACK AT WHICH THE LICENSED RACING ENTITY
14 OPERATES FOR HEALTH INSURANCE, LIFE INSURANCE OR OTHER
15 BENEFITS TO ACTIVE AND DISABLED THOROUGHBRED JOCKEYS OR
16 STANDARDBRED DRIVERS IN ACCORDANCE WITH THE RULES AND
17 ELIGIBILITY REQUIREMENTS OF THAT ORGANIZATION.
18 (B) GUIDELINES.--THE BOARD SHALL ESTABLISH GUIDELINES THAT
19 ENSURE THAT FUNDS ALLOCATED TO THE HORSEMEN'S ORGANIZATION ARE
20 USED TO FINANCE THE PROGRAMS TO BENEFIT ALL HORSEMEN OF THIS
21 COMMONWEALTH AND THAT ADMINISTRATIVE AND OVERHEAD COSTS ARE
22 REASONABLY RELATED TO SUCH PROGRAMS.
23 (C) ELIGIBLE RECIPIENTS.--FUNDS ALLOCATED TO THE HORSEMEN'S
24 ORGANIZATION UNDER THIS PART MUST BE USED TO BENEFIT ALL
25 HORSEMEN. FUNDS ACQUIRED FROM OTHER SOURCES SHALL BE KEPT
26 SEPARATE AND APART FROM FUNDS OBTAINED UNDER THIS PART.
27 (D) REASONABLENESS.--FUNDING FOR BENEVOLENT PROGRAMS,
28 INCLUDING, BUT NOT LIMITED TO, PENSION, HEALTH AND INSURANCE
29 PLANS, WILL BE CONSIDERED REASONABLE IF SUCH PROGRAM FUNDING ON
30 AN ANNUAL BASIS IS AT LEAST 85% OF THE TOTAL STATUTORY
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1 ALLOCATION.
2 (E) FILING OF AUDIT.--ALL HORSEMEN'S ORGANIZATIONS THAT
3 RECEIVE FUNDS UNDER THIS SECTION SHALL FILE ANNUALLY WITH THE
4 APPROPRIATE COMMISSION AND THE BOARD AN AUDIT PREPARED BY A
5 CERTIFIED PUBLIC ACCOUNTANT OF ALL FUNDS RECEIVED. SUCH FILINGS
6 SHALL BE OPEN TO PUBLIC REVIEW. THE HORSEMEN'S ORGANIZATIONS
7 SHALL MAINTAIN ADEQUATE RECORDS CONCERNING RECEIPT AND
8 DISTRIBUTION OF FUNDS ALLOCATED TO THEM.
9 (F) CONTRACTS.--ALL HEALTH AND PENSION BENEFITS CONTRACTS
10 SHALL BE REVIEWED AND APPROVED BY THE BOARD.
11 (G) PENALTY.--ANY VIOLATION OF THE PROVISIONS OF THIS
12 SECTION MAY SUBJECT THE HORSEMEN'S ORGANIZATION TO A FINE NOT TO
13 EXCEED $10,000 PER VIOLATION.
14 § 1407. PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
15 FUND.
16 (A) FUND ESTABLISHED.--THERE IS HEREBY ESTABLISHED A
17 PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND WITHIN
18 THE STATE TREASURY.
19 (B) FUND ADMINISTRATION AND DISTRIBUTION.--THE PENNSYLVANIA
20 GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND SHALL BE
21 ADMINISTERED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC
22 DEVELOPMENT. ALL MONEYS IN THE PENNSYLVANIA GAMING ECONOMIC
23 DEVELOPMENT AND TOURISM FUND SHALL BE DISTRIBUTED PURSUANT TO A
24 SUBSEQUENTLY ENACTED ECONOMIC DEVELOPMENT CAPITAL BUDGET THAT
25 APPROPRIATES MONEY FROM THE FUND PURSUANT TO THIS SECTION. THE
26 PROCEDURES FOR ENACTMENT, AUTHORIZATION AND RELEASE OF ECONOMIC
27 DEVELOPMENT AND TOURISM FUNDS AUTHORIZED UNDER THIS SECTION FOR
28 BOTH CAPITAL PROJECTS AND OPERATIONAL EXPENDITURES SHALL BE THE
29 SAME AS THOSE PROVIDED FOR IN SECTIONS 303(A), (B) AND (C) AND
30 318(A) OF THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS
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1 THE CAPITAL FACILITIES DEBT ENABLING ACT, WITHOUT REFERENCE TO
2 THE NATURE OR PURPOSE OF THE PROJECT, AND ANY OTHER STATUTORY
3 PROVISION, IF ANY, NECESSARY TO EFFECTUATE THE RELEASE OF FUNDS
4 APPROPRIATED IN SUCH ECONOMIC DEVELOPMENT CAPITAL BUDGET.
5 (C) PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
6 FUND ASSESSMENT.--EACH LICENSED GAMING ENTITY SHALL PAY A DAILY
7 ASSESSMENT OF 5% OF ITS GROSS TERMINAL REVENUE TO THE
8 PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND.
9 (D) RESTRICTIONS ON PROJECTS FOR CERTAIN COUNTIES AND
10 CITIES.--FOR A TEN-YEAR PERIOD BEGINNING WITH THE FIRST FISCAL
11 YEAR DURING WHICH DEPOSITS ARE MADE INTO THIS FUND, NO MONEYS
12 FROM THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
13 FUND SHALL BE DISTRIBUTED FOR ANY PROJECT LOCATED IN A CITY OR
14 COUNTY OF THE FIRST OR SECOND CLASS EXCEPT AS AUTHORIZED BY THIS
15 SUBSECTION. MONEYS NOT USED FOR THE AUTHORIZED PROJECTS IN
16 CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY BE USED
17 THROUGHOUT THE COMMONWEALTH. MONEYS FROM THE FUND FOR PROJECTS
18 WITHIN CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY
19 ONLY BE USED FOR THE FOLLOWING PROJECTS DURING THIS TEN-YEAR
20 PERIOD:
21 (1) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
22 DEBT SERVICE MADE BY SUCH CITY TO THE EXTENT THAT SUCH
23 PAYMENTS HAVE BEEN MADE FOR THE EXPANSION OF THE PENNSYLVANIA
24 CONVENTION CENTER;
25 (2) FOR DISTRIBUTION TO THE GENERAL FUND TO THE EXTENT
26 THAT THE COMMONWEALTH HAS MADE DEBT SERVICE PAYMENTS FOR THE
27 EXPANSION OF THE PENNSYLVANIA CONVENTION CENTER;
28 (3) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
29 PAYMENTS MADE BY SUCH CITY FOR THE OPERATION EXPENSES OF THE
30 PENNSYLVANIA CONVENTION CENTER DURING THE PRIOR CALENDAR
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1 YEAR;
2 (4) FOR DEBT SERVICE AND FOR DEVELOPMENT AND ECONOMIC
3 DEVELOPMENT PROJECTS FOR AN INTERNATIONAL AIRPORT LOCATED IN
4 A COUNTY OF THE SECOND CLASS;
5 (5) FOR DISTRIBUTION TO A COMMUNITY INFRASTRUCTURE
6 DEVELOPMENT FUND OF A COUNTY OF THE SECOND CLASS TO FUND
7 CONSTRUCTION, DEVELOPMENT, IMPROVEMENT AND MAINTENANCE OF
8 INFRASTRUCTURE PROJECTS;
9 (6) FOR THE RETIREMENT OF THE INDEBTEDNESS OF AN URBAN
10 REDEVELOPMENT AUTHORITY, CREATED PURSUANT TO THE ACT OF MAY
11 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
12 LAW, IN A CITY OF THE SECOND CLASS WHICH IS FINANCED, IN
13 PART, WITH THE UTILIZATION OF FUNDS TRANSFERRED TO THE
14 REGIONAL ASSET DISTRICT PURSUANT TO ARTICLE XXXI-B OF THE ACT
15 OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS
16 COUNTY CODE;
17 (7) FOR RETIREMENT OF INDEBTEDNESS AND FOR FINANCING OF
18 A HOTEL OR CONVENTION CENTER IN A CITY OF THE SECOND CLASS
19 ESTABLISHED PURSUANT TO THE AUTHORITY OF THE ACT OF JULY 29,
20 1953 (P.L.1034, NO.270), KNOWN AS THE PUBLIC AUDITORIUM
21 AUTHORITIES LAW;
22 (8) FOR RETIREMENT OF INDEBTEDNESS OF A COUNTY OF THE
23 SECOND CLASS DEVELOPMENT FUND CREATED PURSUANT TO THE
24 AUTHORITY OF ARTICLE XXXI-B OF THE SECOND CLASS COUNTY CODE
25 AND THE URBAN REDEVELOPMENT LAW;
26 (9) FOR RETIREMENT OF INDEBTEDNESS OF A CONVENTION
27 CENTER IN A CITY OF THE SECOND CLASS ESTABLISHED PURSUANT TO
28 THE AUTHORITY OF THE PUBLIC AUDITORIUM AUTHORITIES LAW;
29 (10) FOR PAYMENT OF THE OPERATING DEFICIT FOR THE
30 OPERATION OF A CONVENTION CENTER IN A CITY OF THE SECOND
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1 CLASS ESTABLISHED PURSUANT TO THE PUBLIC AUDITORIUM
2 AUTHORITIES LAW.
3 § 1408. TRANSFERS FROM STATE GAMING FUND.
4 (A) TRANSFER FOR COMPULSIVE PROBLEM GAMBLING TREATMENT.--
5 EACH YEAR, THE SUM OF $1,500,000 OR AN AMOUNT EQUAL TO .001
6 MULTIPLIED BY THE TOTAL GROSS TERMINAL REVENUE OF ALL ACTIVE AND
7 OPERATING LICENSED GAMING ENTITIES, WHICHEVER IS GREATER, SHALL
8 BE TRANSFERRED INTO THE COMPULSIVE PROBLEM GAMBLING TREATMENT
9 FUND ESTABLISHED IN SECTION 1509 (RELATING TO COMPULSIVE AND
10 PROBLEM GAMBLING PROGRAM).
11 (B) TRANSFER FOR VOLUNTEER FIRE COMPANY GRANT PROGRAM.--
12 ANNUALLY, THE SUM OF $25,000,000 SHALL BE TRANSFERRED FROM THE
13 STATE GAMING FUND TO THE VOLUNTEER FIRE COMPANY GRANT PROGRAM
14 ESTABLISHED UNDER THE ACT OF JULY 31, 2003 (P.L.73, NO.17),
15 KNOWN AS THE VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE
16 SERVICE GRANT ACT.
17 (C) LOCAL LAW ENFORCEMENT GRANTS.--ANNUALLY, THE SUM OF
18 $5,000,000 SHALL BE TRANSFERRED TO THE BOARD FOR THE PURPOSE OF
19 ISSUING GRANTS TO LOCAL LAW ENFORCEMENT AGENCIES TO ENFORCE AND
20 PREVENT THE UNLAWFUL OPERATION OF SLOT MACHINES IN THIS
21 COMMONWEALTH.
22 (D) ANNUAL TRANSFERS.--ANNUALLY, THE FOLLOWING SUMS SHALL BE
23 TRANSFERRED FROM THE STATE GAMING FUND AS FOLLOWS:
24 (1) TO EACH COUNTY, 80¢ PER ACRE FOR EACH ACRE OF LAND
25 IN THE COUNTY FOR WHICH A PAYMENT IS MADE UNDER THE ACT OF
26 MAY 17, 1929 (P.L.1798, NO.591), REFERRED TO AS THE FOREST
27 RESERVES MUNICIPAL FINANCIAL RELIEF LAW, OR UNDER 34 PA.C.S.
28 § 708 (RELATING TO PAYMENTS IN LIEU OF TAXES).
29 (2) TO EACH SCHOOL DISTRICT, 80¢ PER ACRE FOR EACH ACRE
30 OF LAND IN THE SCHOOL DISTRICT FOR WHICH A PAYMENT IS MADE
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1 UNDER THE FOREST RESERVES MUNICIPAL FINANCIAL RELIEF LAW OR
2 UNDER 34 PA.C.S. § 708.
3 (3) TO EACH TOWNSHIP, 80¢ PER ACRE FOR EACH ACRE OF LAND
4 IN THE TOWNSHIP FOR WHICH A PAYMENT IS MADE UNDER THE FOREST
5 RESERVES MUNICIPAL FINANCIAL RELIEF LAW OR UNDER 34 PA.C.S. §
6 708.
7 (E) TRANSFER TO PROPERTY TAX RELIEF FUND.--MONTHLY, THE
8 STATE TREASURER SHALL TRANSFER THE REMAINING BALANCE IN THE
9 STATE GAMING FUND WHICH IS NOT ALLOCATED IN SUBSECTIONS (A),
10 (B), (C) AND (D) TO THE PROPERTY TAX RELIEF FUND ESTABLISHED IN
11 SECTION 1409 (RELATING TO PROPERTY TAX RELIEF FUND).
12 § 1409. PROPERTY TAX RELIEF FUND.
13 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED IN THE STATE
14 TREASURY A SPECIAL FUND TO BE KNOWN AS THE PROPERTY TAX RELIEF
15 FUND, WHICH SHALL RECEIVE MONEY FROM THE STATE GAMING FUND AND
16 ANY OTHER MONEY FROM ANY SOURCE DESIGNATED FOR DEPOSIT IN THE
17 PROPERTY TAX RELIEF FUND.
18 (B) USE OF MONEY.--MONEY IN THE PROPERTY TAX RELIEF FUND
19 SHALL BE USED FOR LOCAL PROPERTY AND WAGE TAX RELIEF AS
20 SPECIFIED BY LAW AND IS HEREBY APPROPRIATED.
21 CHAPTER 15
22 ADMINISTRATION AND ENFORCEMENT
23 1501. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
24 1502. LIENS AND SUITS FOR TAXES.
25 1503. APPLICANTS TO PROVIDE TAX INFORMATION.
26 1504. WAGERING ON CREDIT.
27 1505. NO EMINENT DOMAIN AUTHORITY.
28 1506. LOCAL LAND USE PREEMPTION.
29 1507. INAPPLICABILITY OF KEYSTONE OPPORTUNITY ZONE,
30 KEYSTONE OPPORTUNITY EXPANSION ZONE AND
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1 KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT.
2 1508. ATHLETIC EVENT GAMING.
3 1509. COMPULSIVE AND PROBLEM GAMBLING PROGRAM.
4 1510. LABOR HIRING PREFERENCES.
5 1511. DECLARATION OF EXEMPTION FROM FEDERAL LAWS
6 PROHIBITING SLOT MACHINES.
7 1512. PUBLIC OFFICIAL FINANCIAL INTEREST.
8 1513. POLITICAL INFLUENCE.
9 1514. REGULATION REQUIRING EXCLUSION OF CERTAIN
10 PERSONS.
11 1515. REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
12 FACILITY.
13 1516. LIST OF PERSONS SELF-EXCLUDED FROM GAMING
14 ACTIVITIES.
15 1517. ENFORCEMENT.
16 1518. PROHIBITED ACTS AND PENALTIES.
17 1519. (RESERVED).
18 1520. AUTOMATED TELLER MACHINES.
19 1521. LIQUOR LICENSES AT LICENSED FACILITIES.
20 1522. SPECIAL PROVISIONS RELATED TO CRIMINAL HISTORY
21 BACKGROUND INVESTIGATIONS FOR PERSONS
22 PARTICIPATING IN HARNESS OR HORSE RACING OR
23 OPERATION OF SLOT MACHINES.
24 § 1501. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
25 (A) GENERAL RULE.--THE DEPARTMENT IS AUTHORIZED TO
26 ADMINISTER AND COLLECT TAXES IMPOSED UNDER THIS PART AND
27 INTEREST IMPOSED UNDER SECTION 806 OF THE ACT OF APRIL 9, 1929
28 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, AND PROMULGATE AND
29 ENFORCE RULES AND REGULATIONS TO CARRY OUT ITS PRESCRIBED DUTIES
30 IN ACCORDANCE WITH THIS PART, INCLUDING THE COLLECTION OF TAXES,
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1 PENALTIES AND INTEREST IMPOSED BY THIS PART.
2 (B) APPLICATION OF RULES AND REGULATIONS.--THE DEPARTMENT
3 MAY PRESCRIBE THE EXTENT, IF ANY, TO WHICH ANY RULES AND
4 REGULATIONS SHALL BE APPLIED WITHOUT RETROACTIVE EFFECT. THE
5 DEPARTMENT SHALL HAVE AUTHORITY TO PRESCRIBE THE FORMS AND THE
6 SYSTEM OF ACCOUNTING AND RECORDKEEPING TO BE EMPLOYED, AND
7 THROUGH ITS REPRESENTATIVE, SHALL AT ALL TIMES HAVE POWER OF
8 ACCESS TO AND EXAMINATION AND AUDIT OF ANY EQUIPMENT AND RECORDS
9 RELATING TO ALL ASPECTS OF THE OPERATION OF SLOT MACHINES UNDER
10 THIS PART.
11 (C) PROCEDURE.--FOR PURPOSES OF IMPLEMENTING THIS PART, THE
12 DEPARTMENT MAY PROMULGATE REGULATIONS IN THE SAME MANNER IN
13 WHICH THE BOARD IS AUTHORIZED AS PROVIDED IN SECTION 1203
14 (RELATING TO TEMPORARY REGULATIONS).
15 (D) ADDITIONAL PENALTY.--ANY PERSON WHO FAILS TO TIMELY
16 REMIT TO THE DEPARTMENT OR THE STATE TREASURER AMOUNTS REQUIRED
17 UNDER THIS PART SHALL BE LIABLE, IN ADDITION TO ANY LIABILITY
18 IMPOSED ELSEWHERE IN THIS PART, TO A PENALTY OF 5% PER MONTH UP
19 TO A MAXIMUM OF 25% OF THE AMOUNTS ULTIMATELY FOUND TO BE DUE,
20 TO BE RECOVERED BY THE DEPARTMENT.
21 § 1502. LIENS AND SUITS FOR TAXES.
22 THE PROVISIONS OF THIS PART SHALL BE SUBJECT TO THE
23 PROVISIONS OF SECTIONS 242 AND 243 OF THE ACT OF MARCH 4, 1971
24 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
25 § 1503. APPLICANTS TO PROVIDE TAX INFORMATION.
26 THE PROVISIONS OF SECTION 477 OF THE ACT OF APRIL 12, 1951
27 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, SHALL APPLY TO ALL
28 APPLICANTS FOR THE GRANT, RENEWAL OR TRANSFER OF ANY LICENSE OR
29 PERMIT ISSUED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD UNDER THE
30 LIQUOR CODE CONSISTENT WITH THIS PART.
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1 § 1504. WAGERING ON CREDIT.
2 SLOT MACHINE LICENSEES MAY NOT EXTEND CREDIT. SLOT MACHINE
3 LICENSEES MAY NOT ACCEPT CREDIT CARDS, CHARGE CARDS OR DEBIT
4 CARDS FROM A PLAYER FOR THE EXCHANGE OR PURCHASE OF SLOT MACHINE
5 CREDITS OR FOR AN ADVANCE OF COINS OR CURRENCY TO BE UTILIZED BY
6 A PLAYER TO PLAY SLOT MACHINE GAMES OR EXTEND CREDIT, IN ANY
7 MANNER, TO A PLAYER SO AS TO ENABLE THE PLAYER TO PLAY SLOT
8 MACHINES.
9 § 1505. NO EMINENT DOMAIN AUTHORITY.
10 NEITHER THE COMMONWEALTH NOR ANY POLITICAL SUBDIVISION
11 THEREOF SHALL HAVE THE RIGHT TO ACQUIRE, WITH OR WITHOUT
12 COMPENSATION, THROUGH THE POWER OF EMINENT DOMAIN, ANY PROPERTY,
13 EASEMENT OR LAND USE RIGHT FOR THE SITING OR CONSTRUCTION OF A
14 FACILITY FOR THE OPERATION OF SLOT MACHINES BY A SLOT MACHINE
15 LICENSEE.
16 § 1506. LOCAL LAND USE PREEMPTION.
17 THE CONDUCT OF GAMING AS PERMITTED UNDER THIS PART, INCLUDING
18 THE PHYSICAL LOCATION OF ANY LICENSED FACILITY, SHALL NOT BE
19 PROHIBITED OR OTHERWISE REGULATED BY ANY ORDINANCE, HOME RULE
20 CHARTER PROVISION, RESOLUTION, RULE OR REGULATION OF ANY
21 POLITICAL SUBDIVISION OR ANY LOCAL OR STATE INSTRUMENTALITY OR
22 AUTHORITY THAT RELATES TO ZONING OR LAND USE TO THE EXTENT THAT
23 THE LICENSED FACILITY HAS BEEN APPROVED BY THE BOARD. THE BOARD
24 MAY, IN ITS DISCRETION, CONSIDER SUCH LOCAL ZONING ORDINANCES
25 WHEN CONSIDERING AN APPLICATION FOR A SLOT MACHINE LICENSE. THE
26 BOARD SHALL PROVIDE THE POLITICAL SUBDIVISION, WITHIN WHICH AN
27 APPLICANT FOR A SLOT MACHINE LICENSE HAS PROPOSED TO LOCATE A
28 LICENSED GAMING FACILITY, A 60-DAY COMMENT PERIOD PRIOR TO THE
29 BOARD'S FINAL APPROVAL, CONDITION OR DENIAL OF APPROVAL OF ITS
30 APPLICATION FOR A SLOT MACHINE LICENSE. THE POLITICAL
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1 SUBDIVISION MAY MAKE RECOMMENDATIONS TO THE BOARD FOR
2 IMPROVEMENTS TO THE APPLICANT'S PROPOSED SITE PLANS THAT TAKE
3 INTO ACCOUNT THE IMPACT ON THE LOCAL COMMUNITY, INCLUDING, BUT
4 NOT LIMITED TO, LAND USE AND TRANSPORTATION IMPACT. THIS SECTION
5 SHALL ALSO APPLY TO ANY PROPOSED RACETRACK OR LICENSED
6 RACETRACK.
7 § 1507. INAPPLICABILITY OF KEYSTONE OPPORTUNITY ZONE, KEYSTONE
8 OPPORTUNITY EXPANSION ZONE AND KEYSTONE
9 OPPORTUNITY IMPROVEMENT ZONE ACT.
10 THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN AS THE
11 KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE
12 AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, SHALL NOT APPLY
13 TO TAXES OR FEES PAYABLE UNDER THIS PART.
14 § 1508. ATHLETIC EVENT GAMING.
15 NOTHING IN THIS PART SHALL BE CONSTRUED TO PERMIT THE
16 RECEIVING, RECORDING OR THE REGISTERING OF BETS OR WAGERS OR
17 SELLING POOLS WHICH MAY INVOLVE ANY PROFESSIONAL OR AMATEUR
18 ATHLETIC EVENT. NOTHING IN THIS PART SHALL BE CONSTRUED TO
19 PROHIBIT STAGING OR CONDUCTING ATHLETIC EVENTS AT LICENSED
20 FACILITIES.
21 § 1509. COMPULSIVE AND PROBLEM GAMBLING PROGRAM.
22 (A) ESTABLISHMENT OF PROGRAM.--THE DEPARTMENT OF HEALTH, IN
23 CONSULTATION WITH ORGANIZATIONS SIMILAR TO THE MID-ATLANTIC
24 ADDICTION TRAINING INSTITUTE SHALL DEVELOP PROGRAM GUIDELINES
25 FOR PUBLIC EDUCATION, AWARENESS AND TRAINING REGARDING
26 COMPULSIVE AND PROBLEM GAMBLING AND THE TREATMENT AND PREVENTION
27 OF COMPULSIVE AND PROBLEM GAMBLING. THE PROGRAM SHALL INCLUDE:
28 (1) MAINTENANCE OF A COMPULSIVE GAMBLERS ASSISTANCE
29 ORGANIZATION'S TOLL-FREE PROBLEM GAMBLING TELEPHONE NUMBER TO
30 PROVIDE CRISIS COUNSELING AND REFERRAL SERVICES TO FAMILIES
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1 EXPERIENCING DIFFICULTY AS A RESULT OF PROBLEM OR COMPULSIVE
2 GAMBLING.
3 (2) THE PROMOTION OF PUBLIC AWARENESS REGARDING THE
4 RECOGNITION AND PREVENTION OF PROBLEM OR COMPULSIVE GAMBLING.
5 (3) FACILITATION, THROUGH IN-SERVICE TRAINING AND OTHER
6 MEANS, OF THE AVAILABILITY OF EFFECTIVE ASSISTANCE PROGRAMS
7 FOR PROBLEM AND COMPULSIVE GAMBLERS AND FAMILY MEMBERS
8 AFFECTED BY PROBLEM AND COMPULSIVE GAMBLING.
9 (4) CONDUCTING STUDIES TO IDENTIFY ADULTS AND JUVENILES
10 IN THIS COMMONWEALTH WHO ARE OR ARE AT RISK OF BECOMING
11 PROBLEM OR COMPULSIVE GAMBLERS.
12 (5) PROVIDING GRANTS TO AND CONTRACTING WITH
13 ORGANIZATIONS WHICH PROVIDE SERVICES AS SET FORTH IN THIS
14 SECTION.
15 (6) PROVIDING REIMBURSEMENT FOR ORGANIZATIONS FOR
16 REASONABLE EXPENSES IN ASSISTING THE DEPARTMENT OF HEALTH IN
17 CARRYING OUT THE PURPOSES OF THIS SECTION.
18 (B) COMPULSIVE AND PROBLEM GAMBLING TREATMENT FUND.--THERE
19 IS HEREBY ESTABLISHED IN THE STATE TREASURY A SPECIAL FUND TO BE
20 KNOWN AS THE COMPULSIVE AND PROBLEM GAMBLING TREATMENT FUND. ALL
21 MONEYS IN THE FUND SHALL BE EXPENDED FOR PROGRAMS FOR THE
22 PREVENTION AND TREATMENT OF GAMBLING ADDICTION AND OTHER
23 EMOTIONAL AND BEHAVIORAL PROBLEMS ASSOCIATED WITH OR RELATED TO
24 GAMBLING AND FOR THE ADMINISTRATION OF THE COMPULSIVE AND
25 PROBLEM GAMBLING PROGRAM. THE FUND SHALL CONSIST OF MONEY
26 ANNUALLY ALLOCATED TO IT FROM THE ANNUAL PAYMENT ESTABLISHED
27 UNDER SECTION 1408 (RELATING TO TRANSFERS FROM STATE GAMING
28 FUND), MONEY WHICH MAY BE ALLOCATED BY THE BOARD, INTEREST
29 EARNINGS ON MONEYS IN THE FUND AND ANY OTHER CONTRIBUTIONS,
30 PAYMENTS OR DEPOSITS WHICH MAY BE MADE TO THE FUND.
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1 (C) NOTICE OF AVAILABILITY OF ASSISTANCE.--
2 (1) EACH SLOT MACHINE LICENSEE SHALL OBTAIN A TOLL-FREE
3 TELEPHONE NUMBER TO BE USED TO PROVIDE PERSONS WITH
4 INFORMATION ON ASSISTANCE FOR COMPULSIVE OR PROBLEM GAMBLING.
5 EACH LICENSEE SHALL CONSPICUOUSLY POST SIGNS SIMILAR TO THE
6 FOLLOWING STATEMENT:
7 IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM,
8 HELP IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
9 THE SIGNS MUST BE POSTED WITHIN 50 FEET OF EACH ENTRANCE AND
10 EXIT AND WITHIN 50 FEET OF EACH AUTOMATED TELLER MACHINE
11 LOCATION WITHIN THE LICENSED FACILITY.
12 (2) EACH RACETRACK WHERE SLOT MACHINES ARE OPERATED
13 SHALL PRINT A STATEMENT ON DAILY RACING PROGRAMS PROVIDED TO
14 THE GENERAL PUBLIC THAT IS SIMILAR TO THE FOLLOWING:
15 IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM,
16 HELP IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
17 (3) A LICENSED FACILITY WHICH FAILS TO POST OR PRINT THE
18 WARNING SIGN IN ACCORDANCE WITH PARAGRAPH (1) OR (2) SHALL BE
19 ASSESSED A FINE OF $1,000 A DAY FOR EACH DAY THE SIGN IS NOT
20 POSTED OR PRINTED AS PROVIDED IN THIS SUBSECTION.
21 (D) SINGLE COUNTY AUTHORITIES.--THE DEPARTMENT OF HEALTH MAY
22 MAKE GRANTS FROM THE FUND ESTABLISHED UNDER SUBSECTION (B) TO A
23 SINGLE COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF APRIL 14,
24 1972 (P.L.221, NO.63), KNOWN AS THE PENNSYLVANIA DRUG AND
25 ALCOHOL ABUSE CONTROL ACT, FOR THE PURPOSE OF PROVIDING
26 COMPULSIVE GAMBLING AND GAMBLING ADDITION PREVENTION, TREATMENT
27 AND EDUCATION PROGRAMS. IT IS THE INTENTION OF THE GENERAL
28 ASSEMBLY THAT ANY GRANTS THAT THE DEPARTMENT OF HEALTH MAY MAKE
29 TO ANY SINGLE COUNTY AUTHORITY IN ACCORDANCE WITH THE PROVISIONS
30 OF THIS SUBSECTION BE USED EXCLUSIVELY FOR THE DEVELOPMENT AND
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1 IMPLEMENTATION OF COMPULSIVE AND PROBLEM GAMBLING PROGRAMS
2 AUTHORIZED UNDER SUBSECTION (A).
3 (E) DEFINITION.--AS USED IN SUBSECTION (D), THE TERM "SINGLE
4 COUNTY AUTHORITY" MEANS THE AGENCY DESIGNATED BY THE DEPARTMENT
5 OF HEALTH PURSUANT TO THE ACT OF APRIL 14, 1972 (P.L.221,
6 NO.63), KNOWN AS THE PENNSYLVANIA DRUG AND ALCOHOL ABUSE CONTROL
7 ACT, TO PLAN AND COORDINATE DRUG AND ALCOHOL PREVENTION,
8 INTERVENTION AND TREATMENT SERVICES FOR A GEOGRAPHIC AREA, WHICH
9 MAY CONSIST OF ONE OR MORE COUNTIES.
10 § 1510. LABOR HIRING PREFERENCES.
11 (A) CATEGORY 1, 2, AND 3 LICENSED FACILITIES, GENERALLY.--
12 EACH LICENSED GAMING ENTITY SHALL PREPARE A HIRING PLAN FOR
13 EMPLOYEES OF ITS RESPECTIVE LICENSED FACILITY WHICH PROMOTES A
14 DIVERSE WORK FORCE, MINORITY PARTICIPATION AND PERSONNEL FROM
15 WITHIN THE SURROUNDING GEOGRAPHICAL AREA.
16 (B) CATEGORY 1 LICENSED FACILITIES.--ALL CURRENT EMPLOYEES
17 OF A RACETRACK WHO MEET THE EMPLOYMENT QUALIFICATIONS, IF
18 APPLICABLE, WITHIN THIS PART AND ALL THOSE COVERED BY A
19 COLLECTIVE BARGAINING AGREEMENT AS DEFINED IN THE NATIONAL LABOR
20 RELATIONS ACT (49 STAT. 449, 29 U.S.C. § 151 ET SEQ.) WHERE THE
21 LICENSED RACING ENTITY CONDUCTS RACING SHALL BE GIVEN A ONE-TIME
22 PREFERENCE OF AN OFFER OF EMPLOYMENT FOR A SIMILAR POSITION AT
23 THE LICENSED FACILITY IN A MANNER CONSISTENT WITH FEDERAL LAW.
24 IF A SIMILAR POSITION DOES NOT EXIST AT THE LICENSED FACILITY,
25 THE EMPLOYEE OR PERSON COVERED BY A COLLECTIVE BARGAINING
26 AGREEMENT SHALL HAVE A ONE-TIME PREFERENCE OF AN OFFER OF A
27 POSITION AT COMPARABLE LEVEL AT THE LICENSED FACILITY. ALL
28 CURRENT EMPLOYEES AND ALL THOSE COVERED BY A COLLECTIVE
29 BARGAINING AGREEMENT SHALL HAVE A PERIOD OF 30 DAYS FROM THE
30 ISSUANCE OF A SLOT MACHINE LICENSE TO REQUEST EMPLOYMENT AT THE
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1 LICENSED FACILITY UNDER THIS SECTION. NO CURRENT EMPLOYEE
2 COVERED BY THIS SECTION SHALL SUFFER A REDUCTION OF SALARY,
3 BENEFITS OR STATUS AS A RESULT OF AN ACCEPTANCE OF NEW
4 EMPLOYMENT IN THE NEW FACILITY.
5 § 1511. DECLARATION OF EXEMPTION FROM FEDERAL LAWS PROHIBITING
6 SLOT MACHINES.
7 (A) DECLARATION.--PURSUANT TO THE GAMBLING DEVICES
8 TRANSPORTATION ACT (64 STAT. 1134, 15 U.S.C. § 1171 ET SEQ.),
9 THE COMMONWEALTH DECLARES THAT IT IS EXEMPT FROM SECTION 2 OF
10 THAT ACT.
11 (B) LEGAL SHIPMENTS.--ALL SHIPMENTS OF SLOT MACHINES INTO
12 THIS COMMONWEALTH, THE REGISTERING, RECORDING AND LABELING OF
13 WHICH HAS BEEN EFFECTED BY THE MANUFACTURER AND SUPPLIER OF
14 THOSE DEVICES, IN ACCORDANCE WITH SECTIONS 5 AND 7 OF THE
15 GAMBLING DEVICES TRANSPORTATION ACT (64 STAT. 1134, 15 U.S.C. §§
16 1175 AND 1177), SHALL BE DEEMED LEGAL SHIPMENTS OF SLOT MACHINES
17 INTO THIS COMMONWEALTH.
18 § 1512. PUBLIC OFFICIAL FINANCIAL INTEREST.
19 (A) GENERAL RULE.--EXCEPT AS MAY BE PROVIDED BY RULE OR
20 ORDER OF THE PENNSYLVANIA SUPREME COURT, NO EXECUTIVE-LEVEL
21 STATE EMPLOYEE, PUBLIC OFFICIAL, PARTY OFFICER OR IMMEDIATE
22 FAMILY MEMBER THEREOF SHALL HAVE, AT OR FOLLOWING THE EFFECTIVE
23 DATE OF THIS PART, A FINANCIAL INTEREST IN OR BE EMPLOYED,
24 DIRECTLY OR INDIRECTLY, BY ANY LICENSED RACING ENTITY OR
25 LICENSED GAMING ENTITY, OR ANY HOLDING, AFFILIATE, INTERMEDIARY
26 OR SUBSIDIARY COMPANY, THEREOF, OR ANY SUCH APPLICANT, NOR
27 SOLICIT OR ACCEPT, DIRECTLY OR INDIRECTLY, ANY COMPLIMENTARY
28 SERVICE OR DISCOUNT FROM ANY LICENSED RACING ENTITY OR LICENSED
29 GAMING ENTITY WHICH HE KNOWS OR HAS REASON TO KNOW IS OTHER THAN
30 A SERVICE OR DISCOUNT THAT IS OFFERED TO MEMBERS OF THE GENERAL
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1 PUBLIC IN LIKE CIRCUMSTANCES DURING HIS OR HERS STATUS AS AN
2 EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER
3 AND FOR ONE YEAR FOLLOWING TERMINATION OF THE PERSON'S STATUS AS
4 AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY
5 OFFICER.
6 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION:
9 "EXECUTIVE-LEVEL STATE EMPLOYEE." THE GOVERNOR, LIEUTENANT
10 GOVERNOR, CABINET MEMBERS, DEPUTY SECRETARIES, THE GOVERNOR'S
11 OFFICE EXECUTIVE STAFF, ANY STATE EMPLOYEE WITH DISCRETIONARY
12 POWERS WHICH MAY AFFECT THE OUTCOME OF A STATE AGENCY'S DECISION
13 IN RELATION TO A PRIVATE CORPORATION OR BUSINESS, WITH RESPECT
14 TO ANY MATTER COVERED BY THIS PART OR ANY EXECUTIVE EMPLOYEE WHO
15 BY VIRTUE OF HIS JOB FUNCTION COULD INFLUENCE THE OUTCOME OF
16 SUCH A DECISION.
17 "FINANCIAL INTEREST." OWNING OR HOLDING SECURITIES EXCEEDING
18 1% OF THE EQUITY OR FAIR MARKET VALUE OF THE LICENSED RACING
19 ENTITY OR LICENSED GAMING ENTITY, ITS HOLDING COMPANY,
20 AFFILIATE, INTERMEDIARY OR SUBSIDIARY BUSINESS. A FINANCIAL
21 INTEREST SHALL NOT INCLUDE ANY SUCH STOCK THAT IS HELD IN A
22 BLIND TRUST OVER WHICH THE EXECUTIVE-LEVEL STATE EMPLOYEE,
23 PUBLIC OFFICIAL, PARTY OFFICER OR IMMEDIATE FAMILY MEMBER
24 THEREOF MAY NOT EXERCISE ANY MANAGERIAL CONTROL OR RECEIVE
25 INCOME DURING THE TENURE OF OFFICE AND THE PERIOD UNDER
26 SUBSECTION (A).
27 "IMMEDIATE FAMILY." A PARENT, SPOUSE, MINOR OR UNEMANCIPATED
28 CHILD, BROTHER OR SISTER.
29 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE; A
30 CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR COUNSEL OF A
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1 STATE COMMITTEE OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE
2 COMMITTEE; A COUNTY CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY
3 OR TREASURER OF A COUNTY COMMITTEE; OR A CITY CHAIRMAN, VICE
4 CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A CITY COMMITTEE.
5 "PUBLIC OFFICIAL." ANY PERSON ELECTED BY THE PUBLIC OR
6 ELECTED OR APPOINTED BY A GOVERNMENTAL BODY OR AN APPOINTED
7 OFFICIAL IN THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF
8 THIS COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF, PROVIDED
9 THAT IT SHALL NOT INCLUDE MEMBERS OF ADVISORY BOARDS THAT HAVE
10 NO AUTHORITY TO EXPEND PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR
11 PERSONAL EXPENSE OR TO OTHERWISE EXERCISE THE POWER OF THE
12 COMMONWEALTH OR ANY POLITICAL SUBDIVISION OR COMMISSIONER OF ANY
13 AUTHORITY OR JOINT-STATE COMMISSION.
14 § 1513. POLITICAL INFLUENCE.
15 (A) CONTRIBUTION RESTRICTION.--AN APPLICANT FOR A SLOT
16 MACHINE LICENSE, MANUFACTURER LICENSE OR SUPPLIER LICENSE,
17 LICENSED RACING ENTITY, LICENSED MANUFACTURER, LICENSED SUPPLIER
18 OR LICENSED GAMING ENTITY, OR A PERSON THAT HOLDS A SIMILAR
19 GAMING LICENSE OR PERMIT OR A CONTROLLING INTEREST IN A GAMING
20 LICENSE OR PERMIT IN ANOTHER JURISDICTION, OR ANY HOLDING,
21 AFFILIATE, INTERMEDIARY OR SUBSIDIARY COMPANY THEREOF, OR ANY
22 OFFICER, DIRECTOR, OR KEY EMPLOYEE OF SUCH APPLICANT, LICENSED
23 MANUFACTURER OR LICENSED SUPPLIER, LICENSED RACING ENTITY OR
24 LICENSED GAMING ENTITY OR ANY HOLDING, AFFILIATE, INTERMEDIARY
25 OR SUBSIDIARY COMPANY THEREOF, SHALL BE PROHIBITED FROM
26 CONTRIBUTING ANY MONEY OR IN-KIND CONTRIBUTION TO A CANDIDATE
27 FOR NOMINATION OR ELECTION TO ANY PUBLIC OFFICE IN THIS
28 COMMONWEALTH, OR TO ANY POLITICAL COMMITTEE OR STATE PARTY IN
29 THIS COMMONWEALTH, OR TO ANY GROUP, COMMITTEE OR ASSOCIATION
30 ORGANIZED IN SUPPORT OF ANY SUCH CANDIDATE, POLITICAL COMMITTEE
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1 OR STATE PARTY.
2 (B) ANNUAL CERTIFICATION.--THE CHIEF EXECUTIVE OFFICER, OR
3 OTHER APPROPRIATE INDIVIDUAL, OF EACH APPLICANT FOR A SLOT
4 MACHINE LICENSE, MANUFACTURER LICENSE OR SUPPLIER LICENSE,
5 LICENSED RACING ENTITY, LICENSED SUPPLIER, LICENSED MANUFACTURER
6 OR LICENSED GAMING ENTITY SHALL ANNUALLY CERTIFY, UNDER OATH, TO
7 THE BOARD AND THE DEPARTMENT OF STATE THAT SUCH APPLICANT OR
8 LICENSED RACING ENTITY, LICENSED SUPPLIER, LICENSED MANUFACTURER
9 OR LICENSED GAMING ENTITY HAS DEVELOPED AND IMPLEMENTED INTERNAL
10 SAFEGUARDS AND POLICIES INTENDED TO PREVENT A VIOLATION OF THIS
11 PROVISION AND THAT SUCH APPLICANT OR LICENSED RACING ENTITY OR
12 LICENSED GAMING ENTITY HAS CONDUCTED A GOOD FAITH INVESTIGATION
13 THAT HAS NOT REVEALED ANY VIOLATION OF THIS PROVISION DURING THE
14 PAST YEAR.
15 (C) PENALTIES.--THE FIRST VIOLATION OF THIS SECTION BY A
16 LICENSED GAMING ENTITY OR ANY PERSON THAT HOLDS A CONTROLLING
17 INTEREST IN SUCH GAMING ENTITY, OR A SUBSIDIARY COMPANY THEREOF,
18 AND ANY OFFICER, DIRECTOR OR MANAGEMENT-LEVEL EMPLOYEE OF SUCH
19 LICENSEE SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN AN
20 AVERAGE SINGLE DAY'S GROSS TERMINAL REVENUE OF THE LICENSED
21 GAMING ENTITY DERIVED FROM THE OPERATION OF SLOT MACHINES IN
22 THIS COMMONWEALTH; A SECOND VIOLATION OF THIS SECTION, WITHIN
23 FIVE YEARS OF THE FIRST VIOLATION, SHALL BE PUNISHABLE BY AT
24 LEAST A ONE-DAY SUSPENSION OF THE LICENSE HELD BY THE LICENSED
25 GAMING ENTITY AND A FINE NOT LESS THAN AN AVERAGE TWO DAYS'
26 GROSS REVENUE OF THE LICENSED GAMING ENTITY; A THIRD VIOLATION
27 OF THIS SECTION WITHIN FIVE YEARS OF THE SECOND VIOLATION SHALL
28 BE PUNISHABLE BY THE IMMEDIATE REVOCATION OF THE LICENSE HELD BY
29 THE LICENSED GAMING ENTITY. THE FIRST VIOLATION OF THIS SECTION
30 BY A MANUFACTURER OR SUPPLIER LICENSED PURSUANT TO THIS PART OR
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