COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · 12/14/2009 · Mike Hogan and the core of the Colts, senior Janae Dunchack, senior Breanna Kochinsky, seniors Ariel Rocco and

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, DECEMBER 14, 2009

SESSION OF 2009 193D OF THE GENERAL ASSEMBLY No. 117

HOUSE OF REPRESENTATIVES The House convened at 1 p.m., e.s.t.

THE SPEAKER (KEITH R. McCALL) PRESIDING

PRAYER

REV. LOUISE WILLIAMS BISHOP, member of the House of Representatives, offered the following prayer: Thank you, Mr. Speaker. Let us pray: Father of mercy, Father of grace, Father of peace, I thank You for another opportunity, as always, to enter into Your presence to seek Your peace at a time of turbulence and at a time of uncertainty. Dissolve all lines and all barriers that would separate us, and bring down every high place that would stand in our way. Raise up every low valley and make all of the rough places smooth as we move through this day and through this period. Allow the soft winds of change to blow, the wind of understanding to usher in a spirit of harmony that the people's business might be done with proficiency. Help us as we move forward with a strong, active faith. Provide an even greater insight to our leaders to provide the ways to guard, to defend, to ensure the safety of every man, every child, and every woman in this Commonwealth. Help us, O God, as we come this morning to say a special prayer for the men and the women of this Commonwealth that are at war, especially during this holiday season. Help them to stand strong and keep the faith. We ask that Your hand of mercy not only be upon us and this House but this entire Commonwealth as we do justly and walk humbly before You. We ask all of these blessings in Your name. Amen.

PLEDGE OF ALLEGIANCE

(The Pledge of Allegiance was recited by members and visitors.)

JOURNAL APPROVAL POSTPONED

The SPEAKER. Without objection, the approval of the Journal of Thursday, December 10, 2009, will be postponed until printed. The Chair hears no objection.

CENTRAL PENN CRUSHERS YOUTH SPORTING CLAYS SHOOTING TEAM

PRESENTED

The SPEAKER. The Chair recognizes the gentleman from York County, Representative Grove, for the purpose of a presentation. Mr. GROVE. Thank you, Mr. Speaker. I am proud to introduce in the hall of the Pennsylvania House of Representatives the champion Central Penn Crushers Youth Sporting Clays Shooting Team from Wellsville in York County. During their Scholastic Clays Target Program in June, the Crushers took first place in three of five categories. The Crushers triumphed in the Intermediate Entry Division, Intermediate Advanced, and Junior Varsity categories. In addition to their successes in the Commonwealth, the Crushers took first place in the national championships in Sparta, Illinois, in the Junior Varsity Division. The Scholastic Clay Target Program emphasizes teamwork in sporting clays, trap and skeet, and is geared to children ages 10 through 18. Participating in the team are Preston Whiteman – and please stand when you are recognized – Mark Myers; Tyler Roberts; Blake Slaybaugh; Ryan Barnes; Mike Myers, Jr.; Chip Johnson; Cameron Howe; Anna Rickard; Trent Diller; Travis Frankenfield; Tom Gribb; and Mike Magee, who is also the second highest overall male shooter in the State. The team was led to victory by head coach Doug Barnes and assistant coach Rick Magee, who join me here today; and Steve Diller; Terry Frankenfield; Mike Myers, Sr.; Mike Johnson; and Kent Sariano. At this time I ask that you please join me in giving a warm welcome to the Central Penn Crushers as they stand to be recognized for their accomplishment. As a token of appreciation by the House of Representatives, I would like to present this citation to the coaches in honor of their terrific accomplishment.

NORTHERN CAMBRIA GIRLS VOLLEYBALL TEAM PRESENTED

The SPEAKER. The Chair recognizes the gentleman from Cambria County, Representative Haluska, for the purpose of a presentation. Mr. HALUSKA. Thank you, Mr. Speaker. Mr. Speaker, we would like to recognize the PIAA Class A Northern Cambria Colts Girls Volleyball Team today.

2468 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14

Just a little information about these girls, the Northern Cambria Girls Volleyball Team finished the regular season with an overall record of 18-0. Their team finished the Heritage Conference with a record of 16-0 and six straight conference titles. The Colts hosted two exciting home playoff games – a quarterfinal matchup with Conemaugh Valley in which the Colts won in 3, and a full-house exciting semifinal with Penns Manor where the Colts again won in 3 straight. The district championship was a showdown between the number-one and number-two ranked teams in the State. The Colts prevailed with a 3-1 victory and secured an unprecedented sixth straight District 6 title. Northern Cambria brought home its second PIAA Class A volleyball title beating defending champion Reading Holy Name 3-0 in the title match. Other accomplishments: 6 straight Heritage Conference championships; 6 straight District 6 championships; 100 consecutive Heritage Conference wins; competed in the State tournament 6 times in a row; and finished with 2 golds and 2 silvers. Standing behind me I would like to introduce head coach Mike Hogan and the core of the Colts, senior Janae Dunchack, senior Breanna Kochinsky, seniors Ariel Rocco and Jessica Rocco, who were the engine that powered the Northern Cambria Volleyball Team to the PIAA Class A title. The other members of the team are seated at the rear of the House along with the assistant coach, Jennifer Dumm. Would they please stand. Thank you, Mr. Speaker.

LOWER DAUPHIN HIGH SCHOOL GIRLS FIELD HOCKEY TEAM PRESENTED

The SPEAKER. The Chair recognizes the gentleman from Dauphin County, Representative Marsico, for the purpose of a presentation. Mr. MARSICO. Thank you, Mr. Speaker. Representative Payne, Representative Hickernell, and I would like to welcome and recognize the Lower Dauphin Girls Field Hockey Team to the floor of the House today. They are joining us today so that we may honor them for capturing the 2009 PIAA State Class AAA Girls Spring Soccer Championship. This team also won the 2009 Mid-Penn Conference, became the Keystone Division Champs, the 2009 Mid-Penn Conference finalists, and the 2009 District 3 semifinalists. Additionally, we are here to congratulate coach Linda Kreiser for having attained 600 total wins during her career so far. This is an amazing accomplishment, and Representative Payne will have a presentation following my presentation. The Falcons finished their stellar season with an overall record of 20 wins, 6 losses, and no ties. The Lower Dauphin Girls Field Hockey Team has been here before. In fact, this is their fourth State championship. Under the guidance of coaches Linda Kreiser, Kiley Strohm, Peggy Batton, Chrissy Murphy, and Diane Angstadt, the team, which is seated in the back, was comprised of 48 members. In addition to succeeding in the aforementioned conferences and championship games, Bre White and Emma Dahmus made the Patriot-News Fall All Star/Big 11 Field Hockey Team. Emma Dahmus, Kaitlyn Plouse, Christy Starsinic, and Bre

White made the Mid-Penn Keystone Division All-Star Team, and honorable mentions went to Taylor Alwine, Madison Julius, and Suzy Martin. With us at the rostrum are head coach Linda Kreiser; the teams four captains, Olivia Olt, Bre White, Emma Dahmus, and Lisa Shaffer. Please help us to recognize them and the rest of the field hockey team at the back of the hall of the House. Please stand to be recognized. Thank you, Mr. Speaker, and thank you, members. We in the House are very pleased to take this opportunity to congratulate you and to recognize you, and welcome to the House. Thank you. The SPEAKER. The Chair recognizes the gentleman from Dauphin County, Representative Payne. Mr. PAYNE. Thank you, Mr. Speaker. Members of the House, I will not take long, but I do want to take a moment to repeat what Representative Marsico just said. Coach Kreiser had 600 wins. I know a lot of college and professional teams that would be thrilled if their coach had 600 wins. We would call that a dynasty. I call that very, very great coaching and a great effort on the young ladies from Lower Dauphin on another successful season. I am here today to give the coach a citation and a couple of mementos on her great outstanding, not just this year's win, but 600 wins as a coach. Congratulations, Coach.

GUESTS INTRODUCED

The SPEAKER. To the left of the Speaker, the Chair welcomes Peter Van Zandt, who is a longtime friend of the majority leader. Welcome to the hall of the House. In the balcony, the Chair welcomes Capt. Durwin Ellerman II. He is the son of House Democratic staffer Debbie Ellerman. Captain Ellerman just returned from a yearlong deployment to Iraq, where he served as platoon leader, a troop executive officer, and Squadron S-4 with the 5-73 CAV, 82d Airborne Division, out of Fort Bragg, North Carolina. He is the guest of Representative Louise Bishop. Welcome to the hall of the House, Captain Ellerman and mom.

CONDOLENCE RESOLUTION

The SPEAKER. The members will please take their seats. We are about to take up a condolence resolution. The Sergeants at Arms will close the doors of the House. The clerk will read the resolution. The following resolution was read:

COMMONWEALTH OF PENNSYLVANIA THE HOUSE OF REPRESENTATIVES

CONDOLENCE RESOLUTION

WHEREAS, The House of Representatives of Pennsylvania wishes to honor the memory of John Wesley Hartman, former Director of the Legislative Reference Bureau, who passed away at the age of seventy-nine on October 9, 2009; and WHEREAS, A graduate of J.P. McCaskey High School, Franklin and Marshall College and the Dickinson School of Law, Mr. Hartman served this country with honor and distinction as a member of the United States Army from 1954 to 1956. A former Earned Income Tax

2009 LEGISLATIVE JOURNAL—HOUSE 2469

Officer and Solicitor for the City of Lancaster, Mr. Hartman led a private law practice prior to joining the Legislative Reference Bureau in 1965. A Drafting Attorney for the Legislative Reference Bureau from 1965 to 1970, he served as a staff attorney for the 1968 Pennsylvania Constitutional Convention. House Democratic Caucus Legal Counsel and Chief Legal Counsel for the General Assembly from 1971 to 1988, Mr. Hartman was elected Director of the Legislative Reference Bureau in January 1989 and was reelected in 1991 and 1993. Former County Chairman of the Lancaster Democratic Party, he served on the Board of Directors of the Lancaster Symphony Orchestra and was a member of the Unitarian Universalist Church of Lancaster; and WHEREAS, Mr. Hartman represented many things to many people, among them a beloved family member, dedicated worker and avowed community steward who gave of his heart and time to enhance the quality of life of his family and community; now therefore be it RESOLVED, That the House of Representatives of the Commonwealth of Pennsylvania proclaims with enduring sorrow the passing of John Wesley Hartman; and extends heartfelt condolences to his wife, Joyce Wilson Hartman; daughters, Susan Sayre, Julia Hunter, Rebecca Hartman, Amy Nichols, Beth Plonk and Mary Hartman; twelve grandchildren; three great-grandchildren; and numerous other family members and friends; and be it further RESOLVED, That a copy of this resolution, sponsored by the Honorable P. Michael Sturla on November 17, 2009, be transmitted to Joyce Wilson Hartman, 237 Lancaster Avenue, Lancaster, Pennsylvania 17603. P. Michael Sturla, Sponsor Keith R. McCall, Speaker of the House ATTEST: Anthony Frank Barbush, Chief Clerk of the House On the question, Will the House adopt the resolution?

REMARKS BY MR. STURLA The SPEAKER. The Chair recognizes the gentleman from Lancaster County, Representative Sturla. Mr. STURLA. Thank you, Mr. Speaker. Mr. Speaker, John's widow, Joyce, is here with us today along with his daughter, Amy; his other daughter, Julia; and a grandson, Ian. They are seated to the left of the Speaker. There are also members from the Legislative Reference Bureau, staff members, that are in the back, and I would like them to join me in offering condolences to the family, and I will present this resolution to Joyce honoring John. For those of us that came in when I did, which it seems like a long time ago now, John was the Director of the Legislative Reference Bureau and what I got to know as the standard of what we could expect from that Legislative Reference Bureau, and I think it has been continued and we are all served by that bureau. So I would just like to present this citation to the family and honor a person who was a great man who lived in my district and also served this Commonwealth with distinction. Thank you. The SPEAKER. The Chair thanks the gentleman. Those in favor of the resolution will rise and remain standing as a mark of respect for the deceased former Director of the House Legislative Reference Bureau.

(Whereupon, the members of the House and all visitors stood in a moment of silence in solemn respect to the memory of John Wesley Hartman.) The SPEAKER. The resolution has been unanimously adopted. The Sergeants at Arms will open the doors of the House.

LEAVES OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Greene County, the majority whip, Representative DeWeese, who requests a leave of absence for Representative DALEY from Washington County for the day; Representative HORNAMAN from Erie County for the day; Representative YOUNGBLOOD from Philadelphia County for the day; Representative WHITE from Washington County for the day; Representative William KELLER from Philadelphia County for the day; Representative GERGELY from Allegheny County for the day; Representative PALLONE from Westmoreland County for the day. Without objection, the leaves will be granted. The Chair recognizes the gentleman from Allegheny County, Representative Turzai, who requests the following leaves of absence for: Representative HELM from Dauphin County for the day; Representative HICKERNELL from Lancaster County for the day; Representative Sam SMITH from Jefferson County for the day; Representative CIVERA from Delaware County for the day; Representative BEYER from Northampton County for the day; Representative John TAYLOR from Philadelphia County for the day. Without objection, the leaves will be granted.

LEAVE OF ABSENCE CANCELED

The SPEAKER. The Chair notes the presence of the gentleman from Washington County, Representative White, on the floor. His name will be added to the master roll.

MASTER ROLL CALL

The SPEAKER. The Speaker is about to take the master roll. The members will proceed to vote. The following roll call was recorded: PRESENT–188 Adolph Evans, J. Maher Reese Baker Everett Mahoney Reichley Barbin Fabrizio Major Roae Barrar Fairchild Manderino Rock Bear Farry Mann Roebuck Belfanti Fleck Markosek Rohrer Benninghoff Frankel Marshall Ross Bishop Freeman Marsico Sabatina Boback Gabig Matzie Sainato Boyd Gabler McGeehan Samuelson Boyle Galloway McI. Smith Santarsiero Bradford Geist Melio Santoni Brennan George Metcalfe Saylor

2470 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Briggs Gerber Metzgar Scavello Brooks Gibbons Micozzie Schroder Brown Gillespie Millard Seip Burns Gingrich Miller Shapiro Buxton Godshall Milne Siptroth Caltagirone Goodman Mirabito Smith, K. Carroll Grell Moul Smith, M. Casorio Grove Mundy Solobay Causer Grucela Murphy Sonney Christiana Haluska Murt Staback Clymer Hanna Mustio Stern Cohen Harhai Myers Stevenson Conklin Harhart O'Brien, D. Sturla Costa, D. Harkins O'Brien, M. Swanger Costa, P. Harper O'Neill Tallman Cox Harris Oberlander Taylor, R. Creighton Hennessey Oliver Thomas Cruz Hess Parker True Curry Houghton Pashinski Turzai Cutler Hutchinson Payne Vereb Dally Johnson Payton Vitali Day Josephs Peifer Vulakovich Deasy Kauffman Perzel Wagner Delozier Keller, M.K. Petrarca Walko DeLuca Kessler Petri Wansacz Denlinger Killion Phillips Waters DePasquale Kirkland Pickett Watson Dermody Knowles Preston Wheatley DeWeese Kortz Pyle White DiGirolamo Kotik Quigley Williams Donatucci Krieger Quinn Yudichak Drucker Kula Rapp Eachus Lentz Readshaw McCall, Ellis Levdansky Reed Speaker Evans, D. Longietti ADDITIONS–0 NOT VOTING–0 EXCUSED–14 Beyer Helm Miccarelli Smith, S. Civera Hickernell Pallone Taylor, J. Daley Hornaman Perry Youngblood Gergely Keller, W. LEAVES ADDED–6 Dally Micozzie Rohrer Schroder Delozier O'Brien, D. LEAVES CANCELED–8 Beyer Dally Keller, W. Smith, S. Daley Gergely Pallone Youngblood The SPEAKER. A quorum being present, the House will proceed to conduct business.

CALENDAR

RESOLUTIONS PURSUANT TO RULE 35

Mr. PAYTON called up HR 489, PN 2752, entitled:

A Resolution recognizing the many contributions of the African-American community in the Frankford area of the City of Philadelphia, the ancestors and descendants of whom have been a part of that historic neighborhood since the 1600s.

On the question, Will the House adopt the resolution? The following roll call was recorded: YEAS–188 Adolph Evans, J. Maher Reese Baker Everett Mahoney Reichley Barbin Fabrizio Major Roae Barrar Fairchild Manderino Rock Bear Farry Mann Roebuck Belfanti Fleck Markosek Rohrer Benninghoff Frankel Marshall Ross Bishop Freeman Marsico Sabatina Boback Gabig Matzie Sainato Boyd Gabler McGeehan Samuelson Boyle Galloway McI. Smith Santarsiero Bradford Geist Melio Santoni Brennan George Metcalfe Saylor Briggs Gerber Metzgar Scavello Brooks Gibbons Micozzie Schroder Brown Gillespie Millard Seip Burns Gingrich Miller Shapiro Buxton Godshall Milne Siptroth Caltagirone Goodman Mirabito Smith, K. Carroll Grell Moul Smith, M. Casorio Grove Mundy Solobay Causer Grucela Murphy Sonney Christiana Haluska Murt Staback Clymer Hanna Mustio Stern Cohen Harhai Myers Stevenson Conklin Harhart O'Brien, D. Sturla Costa, D. Harkins O'Brien, M. Swanger Costa, P. Harper O'Neill Tallman Cox Harris Oberlander Taylor, R. Creighton Hennessey Oliver Thomas Cruz Hess Parker True Curry Houghton Pashinski Turzai Cutler Hutchinson Payne Vereb Dally Johnson Payton Vitali Day Josephs Peifer Vulakovich Deasy Kauffman Perzel Wagner Delozier Keller, M.K. Petrarca Walko DeLuca Kessler Petri Wansacz Denlinger Killion Phillips Waters DePasquale Kirkland Pickett Watson Dermody Knowles Preston Wheatley DeWeese Kortz Pyle White DiGirolamo Kotik Quigley Williams Donatucci Krieger Quinn Yudichak Drucker Kula Rapp Eachus Lentz Readshaw McCall, Ellis Levdansky Reed Speaker Evans, D. Longietti NAYS–0 NOT VOTING–0 EXCUSED–14 Beyer Helm Miccarelli Smith, S. Civera Hickernell Pallone Taylor, J. Daley Hornaman Perry Youngblood Gergely Keller, W. The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.


* * * Mr. READSHAW called up HR 547, PN 2943, entitled:

A Resolution commemorating the 100th anniversary of the Gettysburg Battlefield's Pennsylvania Memorial. On the question, Will the House adopt the resolution? (Members proceeded to vote.)

LEAVES OF ABSENCE CANCELED

The SPEAKER. The Chair notes the presence of the gentleman from Westmoreland County, Representative Pallone, on the House floor. His name will be added to the master roll. The Chair notes the presence of the gentleman from Washington County, Representative Daley, on the House floor. His name will be added to the master roll.

CONSIDERATION OF HR 547 CONTINUED

On the question recurring, Will the House adopt the resolution? The following roll call was recorded: YEAS–190 Adolph Evans, D. Longietti Reed Baker Evans, J. Maher Reese Barbin Everett Mahoney Reichley Barrar Fabrizio Major Roae Bear Fairchild Manderino Rock Belfanti Farry Mann Roebuck Benninghoff Fleck Markosek Rohrer Bishop Frankel Marshall Ross Boback Freeman Marsico Sabatina Boyd Gabig Matzie Sainato Boyle Gabler McGeehan Samuelson Bradford Galloway McI. Smith Santarsiero Brennan Geist Melio Santoni Briggs George Metcalfe Saylor Brooks Gerber Metzgar Scavello Brown Gibbons Micozzie Schroder Burns Gillespie Millard Seip Buxton Gingrich Miller Shapiro Caltagirone Godshall Milne Siptroth Carroll Goodman Mirabito Smith, K. Casorio Grell Moul Smith, M. Causer Grove Mundy Solobay Christiana Grucela Murphy Sonney Clymer Haluska Murt Staback Cohen Hanna Mustio Stern Conklin Harhai Myers Stevenson Costa, D. Harhart O'Brien, D. Sturla Costa, P. Harkins O'Brien, M. Swanger Cox Harper O'Neill Tallman Creighton Harris Oberlander Taylor, R. Cruz Hennessey Oliver Thomas Curry Hess Pallone True Cutler Houghton Parker Turzai Daley Hutchinson Pashinski Vereb Dally Johnson Payne Vitali Day Josephs Payton Vulakovich Deasy Kauffman Peifer Wagner Delozier Keller, M.K. Perzel Walko DeLuca Kessler Petrarca Wansacz

Denlinger Killion Petri Waters DePasquale Kirkland Phillips Watson Dermody Knowles Pickett Wheatley DeWeese Kortz Preston White DiGirolamo Kotik Pyle Williams Donatucci Krieger Quigley Yudichak Drucker Kula Quinn Eachus Lentz Rapp McCall, Ellis Levdansky Readshaw Speaker NAYS–0 NOT VOTING–0 EXCUSED–12 Beyer Helm Keller, W. Smith, S. Civera Hickernell Miccarelli Taylor, J. Gergely Hornaman Perry Youngblood The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

SUPPLEMENTAL CALENDAR A

RESOLUTION PURSUANT TO RULE 35

Mr. MUSTIO called up HR 566, PN 3003, entitled:

A Resolution recognizing the Watson Institute as one of Pennsylvania's regional autism centers and commending it for its work with children who have autism. On the question, Will the House adopt the resolution? (Members proceeded to vote.) The SPEAKER. For what purpose does the gentlelady from Warren, Representative Rapp, rise? Ms. RAPP. Thank you, Mr. Speaker. The SPEAKER. The gentlelady, there is nothing in order but the taking of the vote. Does the gentlelady wish to speak on the resolution? Ms. RAPP. Yes, I do, Mr. Speaker.

VOTE STRICKEN The SPEAKER. The clerk will strike the vote. Ms. RAPP. Mr. Speaker— I am sorry. The SPEAKER. The gentlelady will yield. On the resolution, the Chair recognizes the gentlelady from Warren County, Representative Rapp. Ms. RAPP. Thank you, Mr. Speaker. Mr. Speaker, I just wanted to wholeheartedly support this resolution. Even though this institute is not in my district, this institute has been extremely valuable in diagnosing many of the children from my district with a very thorough, comprehensive evaluation for children with autism, learning disabilities. And I wholeheartedly support this resolution and hope that all of my colleagues will give a solid support. This is a


wonderful institution. They are by far one of the best institutions to correctly diagnose children with disabilities, and I want to thank my colleague from Allegheny County for sponsoring this resolution to recognize this wonderful institute in Pennsylvania. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. On the question recurring, Will the House adopt the resolution? (Members proceeded to vote.)


The SPEAKER. The Speaker notes the presence of the gentlelady from Philadelphia, Representative Youngblood, on the House floor. Her name will be added to the master roll.

CONSIDERATION OF HR 566 CONTINUED

On the question recurring, Will the House adopt the resolution? The following roll call was recorded: YEAS–191 Adolph Evans, J. Maher Reese Baker Everett Mahoney Reichley Barbin Fabrizio Major Roae Barrar Fairchild Manderino Rock Bear Farry Mann Roebuck Belfanti Fleck Markosek Rohrer Benninghoff Frankel Marshall Ross Bishop Freeman Marsico Sabatina Boback Gabig Matzie Sainato Boyd Gabler McGeehan Samuelson Boyle Galloway McI. Smith Santarsiero Bradford Geist Melio Santoni Brennan George Metcalfe Saylor Briggs Gerber Metzgar Scavello Brooks Gibbons Micozzie Schroder Brown Gillespie Millard Seip Burns Gingrich Miller Shapiro Buxton Godshall Milne Siptroth Caltagirone Goodman Mirabito Smith, K. Carroll Grell Moul Smith, M. Casorio Grove Mundy Solobay Causer Grucela Murphy Sonney Christiana Haluska Murt Staback Clymer Hanna Mustio Stern Cohen Harhai Myers Stevenson Conklin Harhart O'Brien, D. Sturla Costa, D. Harkins O'Brien, M. Swanger Costa, P. Harper O'Neill Tallman Cox Harris Oberlander Taylor, R. Creighton Hennessey Oliver Thomas Cruz Hess Pallone True Curry Houghton Parker Turzai Cutler Hutchinson Pashinski Vereb Daley Johnson Payne Vitali Dally Josephs Payton Vulakovich Day Kauffman Peifer Wagner Deasy Keller, M.K. Perzel Walko Delozier Kessler Petrarca Wansacz DeLuca Killion Petri Waters Denlinger Kirkland Phillips Watson DePasquale Knowles Pickett Wheatley

Dermody Kortz Preston White DeWeese Kotik Pyle Williams DiGirolamo Krieger Quigley Youngblood Donatucci Kula Quinn Yudichak Drucker Lentz Rapp Eachus Levdansky Readshaw McCall, Ellis Longietti Reed Speaker Evans, D. NAYS–0 NOT VOTING–0 EXCUSED–11 Beyer Helm Keller, W. Smith, S. Civera Hickernell Miccarelli Taylor, J. Gergely Hornaman Perry The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted.

HOUSE RESOLUTION INTRODUCED AND REFERRED

No. 568 By Representatives MUSTIO, READSHAW, VULAKOVICH, BOBACK, CLYMER, EVERETT, FAIRCHILD, GRELL, HARRIS, HESS, KNOWLES, MILLER, MURT, ROHRER, SCAVELLO, SIPTROTH and STEVENSON

A Resolution urging Attorney General Tom Corbett and District

Attorney Stephen A. Zappala, Jr., of Allegheny County to investigate absentee voting irregularities in the 2009 municipal election and report their findings to the General Assembly.

Referred to Committee on STATE GOVERNMENT,

December 14, 2009.

HOUSE BILLS INTRODUCED AND REFERRED

No. 2161 By Representatives STABACK, SIPTROTH, BOBACK, BOYD, CARROLL, CAUSER, COHEN, CREIGHTON, CUTLER, DALLY, EVERETT, GABLER, GEIST, GEORGE, GERGELY, GIBBONS, GILLESPIE, GOODMAN, GROVE, GRUCELA, HALUSKA, HARHART, HESS, HORNAMAN, HUTCHINSON, W. KELLER, KORTZ, KULA, LEVDANSKY, LONGIETTI, MAHONEY, MAJOR, MANN, McCALL, MIRABITO, MOUL, MUNDY, MURPHY, MURT, M. O'BRIEN, READSHAW, REICHLEY, SOLOBAY, STERN, SWANGER, TALLMAN, VULAKOVICH, WALKO, WANSACZ, WATERS, YOUNGBLOOD, WHITE and K. SMITH

An Act amending Title 34 (Game) of the Pennsylvania

Consolidated Statutes, in hunting and furtaking licenses, further providing for resident license and fee exemptions.

Referred to Committee on GAME AND FISHERIES,

December 14, 2009.


No. 2162 By Representatives JOSEPHS, CARROLL, GIBBONS, GOODMAN, McILVAINE SMITH, M. O'BRIEN, ROAE and SANTARSIERO

An Act amending the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code, further defining "expenditure" and "political action committee"; further providing for reporting by candidate and political committees and other persons and for annual reports; providing for limitations on certain contributions; and further providing for late contributions and independent expenditures, for late filing fee and certificate of filing and for additional powers and duties of the Secretary of the Commonwealth.

Referred to Committee on STATE GOVERNMENT,

December 14, 2009. No. 2163 By Representatives BARRAR, BAKER, BEAR, BOYD, D. COSTA, CREIGHTON, CUTLER, EVERETT, FLECK, GEIST, GIBBONS, GOODMAN, HALUSKA, HARRIS, HELM, HESS, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KRIEGER, MAJOR, MARSHALL, METZGAR, MILLER, MOUL, MUSTIO, OBERLANDER, O'NEILL, PAYNE, QUINN, READSHAW, ROAE, ROCK, SAYLOR, SOLOBAY, STERN, STEVENSON, SWANGER, TALLMAN, TRUE and VULAKOVICH

An Act amending the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, providing for confirmation of the English language.

Referred to Committee on EDUCATION, December 14,

2009. No. 2164 By Representatives P. COSTA, D. COSTA, FRANKEL, MATZIE, MUSTIO, VULAKOVICH, WAGNER, BARRAR, BEAR, BEYER, BRENNAN, CHRISTIANA, ELLIS, FABRIZIO, GABLER, GEORGE, GODSHALL, GROVE, GRUCELA, HESS, KILLION, MARSHALL, MOUL, MUNDY, O'NEILL, PYLE, REED, REICHLEY, SCAVELLO, S. H. SMITH, SWANGER, J. TAYLOR and YUDICHAK

An Act amending the act of December 31, 1965 (P.L.1257,

No.511), known as The Local Tax Enabling Act, further providing for delegation of taxing powers and restrictions thereon.

Referred to Committee on FINANCE, December 14, 2009.

No. 2165 By Representatives LENTZ, BROWN, HORNAMAN, McILVAINE SMITH, MURT, READSHAW, SANTARSIERO, SHAPIRO, SIPTROTH, R. TAYLOR and BELFANTI

An Act amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, further providing for restricted activities.

Referred to Committee on STATE GOVERNMENT, December 14, 2009. No. 2166 By Representatives KNOWLES, SOLOBAY, GILLESPIE, MELIO, FAIRCHILD, ADOLPH, BEYER, BRENNAN, BRIGGS, CAUSER, CLYMER, CONKLIN, D. COSTA, CREIGHTON, DEASY, EVERETT, FARRY, FLECK, FREEMAN, GABLER, GIBBONS, GINGRICH, GOODMAN, HARHART, HARRIS, HORNAMAN, HOUGHTON, KILLION, KORTZ, KOTIK, MAHONEY,

METZGAR, MICOZZIE, MILNE, MOUL, MURT, MUSTIO, OBERLANDER, O'NEILL, PAYNE, PHILLIPS, READSHAW, REED, REICHLEY, ROAE, ROCK, SANTONI, SCAVELLO, SIPTROTH, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, VULAKOVICH, YOUNGBLOOD, HESS and PETRARCA

An Act providing for employment rights of members of volunteer

emergency service organizations and for tax credits for employers of employee-volunteers; and making a related repeal.

Referred to Committee on VETERANS AFFAIRS AND

EMERGENCY PREPAREDNESS, December 14, 2009.

STATEMENT BY MAJORITY LEADER

The SPEAKER. The Chair recognizes the gentleman from Luzerne County, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, I would like to be acknowledged on unanimous consent. The SPEAKER. The gentleman is in order, without objection. Mr. EACHUS. Thank you, Mr. Speaker. Our colleague from Delaware County, Mario Civera, lost his brother, Robert, and I just wanted to send my regards out from this House to him and his family, our condolences to the entire Civera family. The SPEAKER. The Chair thanks the gentleman. The Speaker as well as all the members, I am sure, echo the sentiments of the majority leader.

STATEMENT BY MINORITY WHIP

The SPEAKER. The Chair recognizes the gentleman from Allegheny County, Representative Turzai. Mr. TURZAI. Thank you very much, Mr. Speaker. I am sure that Representative/Chairman Civera would greatly appreciate that. All of our caucus members, many of us, have expressed personal condolences to our good friend, and we really appreciate the fact that you would show that respect to our Appropriations chairman on the House floor. Thank you. The SPEAKER. The Chair thanks the gentleman.

CALENDAR CONTINUED

BILL ON SECOND CONSIDERATION

The House proceeded to second consideration of SB 711, PN 1468, entitled:

An Act amending Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, further providing for legislative intent, for definitions, for the Pennsylvania Gaming Control Board established, for applicability of other statutes, for powers of the board and for code of conduct; providing for expenses of regulatory agencies; further providing for licensed gaming entity application appeals from board, for license or permit application hearing process and public hearings, for board minutes and records, for regulatory authority of board, for collection of fees and fines, for slot machine license fee, for number of slot machines and for reports of board; providing for report by slot machine licensee; further providing for diversity goals of board and for license or permit prohibition; providing for specific authority to suspend slot machine license and for Auditor General's reports; further

2474 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 providing for Category 3 slot machine license, for applications for license or permit, for slot machine license application character requirements, for slot machine license application financial fitness requirements, for supplier licenses and for manufacturer licenses; providing for gaming service provider and for alternative supplier licensing standards; further providing for occupation permit application, for additional licenses and permits and approval of agreements, for license renewals, for change in ownership or control of slot machine licensee and for nonportability of slot machine license; providing for appointment of trustee and for additional table game assessment; authorizing table games; further providing for slot machine license deposits; providing for limitation on recovery of costs; further providing for gross terminal revenue deductions, for itemized budget reporting, for establishment of State Gaming Fund and net slot machine revenue distribution, for distributions from Pennsylvania Race Horse Development Fund, for Pennsylvania Gaming Economic Development and Tourism Fund, for transfers from State Gaming Fund, for responsibility and authority of Department of Revenue, for wagering on credit and for no eminent domain authority; providing for deteriorated designations; further providing for compulsive and problem gambling program, for labor hiring preferences, for declaration of exemption from Federal laws prohibiting slot machines and for financial and employment interests; providing for additional restrictions; further providing for political influence, for regulation requiring exclusion of certain persons; providing for prosecutorial and adjudicative functions; further providing for investigations and enforcement, for conduct of public officials and employees and for prohibited acts and penalties; providing for additional authority and for report of suspicious transactions; further providing for interception of oral communications; providing for electronic funds transfer terminals; regulating junkets; and providing for gaming schools. On the question recurring, Will the House agree to the bill on second consideration as amended?

CONSIDERATION OF AMENDMENT A04599 CONTINUED

The clerk read the following amendment No. A04599:

Amend Bill, page 162, lines 14 and 15, by striking out "INTO THE GENERAL FUND AND" in line 14 and "DISTRIBUTED" in line 15

Amend Bill, page 162, by inserting between lines 15 and 16 (1) Into the General Fund for fiscal years 2010 through

2014 as follows: Amend Bill, page 162, line 16, by striking out "(1)" and inserting

(i) Amend Bill, page 162, line 18, by striking out "(2)" and inserting

(ii) Amend Bill, page 162, line 20, by striking out "(3)" and inserting

(iii) Amend Bill, page 162, by inserting between lines 21 and 22

(2) For fiscal years 2015 and thereafter, into the General Fund to be transferred to the Public School Employees Retirement Fund. Amend Bill, page 164, lines 22 through 30, by striking out all of

said lines On the question recurring, Will the House agree to the amendment?

PARLIAMENTARY INQUIRY

The SPEAKER. On that question, the Chair recognizes the gentleman from Lehigh County, Representative Reichley, for the second time.

Mr. REICHLEY. A point of parliamentary inquiry, Mr. Speaker. The SPEAKER. The gentleman will state his point of parliamentary inquiry. Mr. REICHLEY. I believe when we broke at 11 o'clock last Wednesday night, Mr. Speaker, you had announced there were at least three more people who still wanted to ask questions of me. I do not know if it is proper to go back to the list of members who had previously stated if they wanted to pursue those questions and then pick up right where we left off instead of moving right to me for the second time. The SPEAKER. Does anybody wish to be recognized? On the amendment, the Chair recognizes the gentleman from Lehigh County, Representative Reichley, for the second time on the amendment. Mr. REICHLEY. All right. Thank you, Mr. Speaker. As we discussed last Wednesday, this particular amendment really seeks to accommodate the concerns that have been voiced by members on the other side of the aisle to provide some degree of revenue into the General Fund to meet the current budget deficit we are facing. It allows for the money from the table games revenue, which the State would receive under this legislation, to come back into the General Fund. But then starting in 2014, the money received by the State would be diverted into the Pennsylvania School Employees' Retirement System, the teachers' pension fund, which based upon, I think, an article in the Pittsburgh Post-Gazette this past weekend detailed the potentially disastrous impact the potential teachers' pension spike will have on every homeowner and every school district if we do not take some action. Now, this amount of money being diverted into the PSERS (Public School Employees' Retirement System) Fund will not solve that pension crisis, I will admit, but it still is an attempt to minimize the burden which our homeowners are going to face with potentially as much as a $500-per-year increase in their school district property taxes and a similar amount of an increase in the State tax burden. I just do not think that is something which we can ignore. It is something which demands our attention now, and this amendment seeks to take a step in that direction. So I would appreciate an affirmative vote by the members. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Berks County, Representative Santoni, on the amendment. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, the gentleman's concern for the pension issues that we will be dealing with in the future is very admirable, and we all hope, Mr. Speaker, that the Pennsylvania economy is going to turn around quickly and we can put table game revenue to work for other areas, such as PSERS, as we move forward into the future. But, Mr. Speaker, not even the world's greatest financial experts or economists can predict what the economy will look like. Mr. Speaker, the money that the gentleman is going to propose to be sent to PSERS is some money that we eventually would like to send to property tax reduction. We think that that is going to be the way to go, and that is what we are going to be striving for. So we do not believe that this amendment addresses


any concerns with regards to PSERS at the particular time. We want to direct the money to property tax at the appropriate time, and I would ask for a "no" vote, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Greene County, Representative DeWeese. Mr. DeWEESE. Thank you very much, Mr. Speaker. Very quickly, as the gaming dialogue unfolded, the idea of property tax relief was central in the conversations of both D. Michael Fisher and Edward G. Rendell when they ran for Governor. We had a broad swath of Republican support for the idea of property tax reductions. Due to the comments of our esteemed colleague, Chairman Santoni, and they are, I believe, perceived by everyone in attendance here today, that the rock'em sock'em national economy is unpredictable. But one thing that should not be unpredictable is our commitment to property tax reductions in the near future through gaming dollars. That would be consistent with our efforts heretofore. In spite of the nobility and worth of Mr. Reichley's amendment, it would steer us away from our eventual target. For all of those Republican members here, I would politely implore you, especially if you hail from those verdant settings of Tioga and Snyder and Union and McKean, those faraway counties that are similar to the three counties that I represent – Greene, Fayette, and Washington – and I am certain that my colleagues from Berks County, especially, have been at the forefront of looking to eventual property tax reductions, I do not think you can divorce our efforts in gaming with property tax reductions. It has to be at the pinnacle of our thought processes, and this amendment would contravene that momentum. So it is with a polite resistance that I would ask for a negative vote on the Reichley amendment and ask the General Assembly's House chamber to continue to focus on property tax reductions so that when the ship of state or at least the economic facets that keep the ship of state on even keel are righted, that the bulk, if not the overwhelming, if not all of the gaming money should go to property tax reductions. We could go on and on and on about innumerable worthy causes, Mr. Speaker, for these dollars, but since time immemorial in these debates, in the 1990s on riverboat, in the early incipient years of this decade and currently, people that join with me from rural settings and even suburban settings, and hopefully urban settings, would agree that property tax reductions are paramount. Representative Seip hardly ever goes to a caucus without talking about property tax reductions. I am going to speculate that there are a lot of Republicans over there that do the same thing. Let us keep our additional revenue, when it is forthcoming, focused on one major area for gaming money – property tax reductions. Thank you very much, Mr. Speaker. I would ask for a negative vote on the Reichley amendment. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from York County, Representative Saylor. Mr. SAYLOR. Mr. Speaker, the people of Pennsylvania have been hearing for 30 years from both sides of the aisle about property tax relief. I appreciate the gentleman from Greene County's comments, but the truth is, for 30 years we have not seen any true property tax relief in this State at all, and to suggest that anything less than what Mr. Reichley is suggesting here is not property tax relief is incorrect.

The people in Pennsylvania will see, if Mr. Reichley's amendment, or we do not fix the PSERS problem, will see a 50-percent increase in their school property taxes to fix the problem. This is about property taxes. The gentleman from Greene County is completely wrong on that. This is a critical issue to this State, the funding of those pension funds that we have been ignoring for far too long. And, Mr. Speaker, the other thing is, we had committed ourselves many years ago when we passed gambling in this House, the Governor and this General Assembly said we would dedicate those gambling funds to property tax relief, and here we go again not delivering on that promise, using gambling money to cement and pay for programs in our General Fund when the people of Pennsylvania supported gaming so that they could get true property tax relief, and instead, we continue to borrow from the fund, we continue not to deliver on those promises. Representative Reichley's amendment is right where it needs to be. We need to keep school districts from raising property taxes by 50 percent to pay for their pension fund, and I ask that my colleagues join me in voting for the Reichley amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Philadelphia County, Representative Thomas. Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, I rise to oppose the Reichley amendment, but I think it is important that the record be clear. Public employee retirees, they need an increase. They have not seen an increase in a long time. In fact, it was part of their revenues which helped us a few years ago. So at some point I do not want us to forget the financial contribution and other contributions of these retirees. They need help. Everything is going up and their situation is remaining flat. Thank you. But the Reichley amendment is not going to fairly take care of that issue. So oppose the Reichley amendment, but I say to leadership on both sides, let us not forget about the sacrifices of these retirees, because every time we get a chance, we have got to put it off for something else. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentlelady from Mercer County, Representative Brooks. Mrs. BROOKS. Thank you, Mr. Speaker. I would like to question the Representative from Berks County just on his comments. I have a couple questions for him, Representative Santoni. The SPEAKER. The question is on the Reichley amendment. Mrs. BROOKS. It is regarding the Reichley amendment and his comments; yes. The SPEAKER. The gentleman declines. Mrs. BROOKS. He is the chairman of the committee. The SPEAKER. The gentlelady, he declines. Mrs. BROOKS. Okay. Thank you. Well, then I would like to comment on his comments, please. The SPEAKER. The gentlelady is recognized on the Reichley amendment. Mrs. BROOKS. Thank you very much. He had made comments on the Reichley amendment to vote against this amendment because it would be his desire later to use this money for property tax relief. Mr. Speaker, I watched


while several amendments went down in flames a few months ago trying to direct all of this money towards property tax relief. And on the amendment, Mr. Speaker, what this amendment is going to do is capture that money and direct it towards something that is going to cost our taxpayers dearly in the future. Now, I wholeheartedly support giving 100 percent of this money to property tax relief, but it is my understanding that they have offered no amendments that would do that. So I would stand in support of the Reichley amendment so that it at least identifies something, it identifies a goal, and it is going to help the taxpayers with their property tax indirectly. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady and recognizes the gentleman from Cumberland County, Representative Gabig. Mr. GABIG. Thank you, Mr. Speaker. I want to continue that line of argument. I am not exactly sure – and I know the Speaker is very busy – but I am not exactly sure how the gentleman, Chairman Santoni's argument was in order or the majority whip's argument was in order when they were talking about giving something to property tax and referencing some speculative future amendment, because the bill as it was amended in committee, the chairman's committee, this money does not go to property tax. We have had attempts— You will remember the Miller amendment in October; some of us might be able to remember back in October. When he tried to do that, it was defeated on, basically, a party-line vote; very close. I think it was even; it was actually an even vote. We had a couple of members that had some sense over there at the time. But under SB 711 as it was amended by the Democrats in committee, all this money just goes into the General Fund and can be spent any way that anybody in the General Fund wants to do, not to property tax relief. We heard an argument from the gentleman from York that Mr. Reichley's amendment would, in fact, help property tax relief, and so I would, if I could, Mr. Speaker, I would like to question the maker of the amendment on that subject to clarify that, if I could. I would like to interrogate Mr. Reichley, Mr. Speaker. The SPEAKER. The gentleman indicates he will stand for interrogation. The gentleman is in order and may proceed. Mr. GABIG. Thank you, Mr. Speaker. I guess you were able to follow some of the convoluted arguments made by the Democrat whip that somehow your amendment would take property tax relief away from the citizens of Pennsylvania. Could you, in fact, explain whether or not that is the case and the impact that your amendment would have? Mr. REICHLEY. Yes. Thank you, Mr. Speaker. Mr. Speaker, I will refer to the letter I received from the majority Appropriations chairman, a fiscal note I received on this amendment, which indicates that for the first 4 years, from 2010 to 2014, the State's share of the funding under my amendment would go into the General Fund as it does under the bill as it currently is. So there is nothing diverted from the Democratic version of table games at this point to assist in property tax relief, and the members in the House and the general public should not confuse between what is happening with slots revenue, which goes into the Property Tax Relief Fund, and table games revenue, which under the bill as it is drafted now does not one thing for property tax relief.

Now, starting in 2014, my amendment proposes to divert the entire share that the State would receive into the Public School Employees' Retirement System in an attempt to minimize property tax from escalating on homeowners because of what the Public School Employees' Retirement System has told us, and this applies to each and every member, that the potential increase in school district property taxes alone is as much as $500 in a single year. The fiscal note I received from the majority chairman says that, "…the amendment adds the provision" – and I believe this refers to the Democrat amendment – "that if the balance in the Budget Stabilization Reserve Fund on the last day of the fiscal year" – starting in fiscal year 2015 – "totals $750 million, all funds would be transferred to the Property Tax Relief Fund." That is a huge "if," Mr. Speaker. There is nothing that guarantees one cent of table games revenue going to property tax relief. This is all based on, literally, a roll of the dice. The shell game which is being perpetrated by the members on the other side of the aisle really should be seen for what it is, which is an attempt to keep money coming to the General Fund to continue to pay for more and more spending from out of Harrisburg. And our suggestion is, look, we recognize we are in a deficit, we recognize we have got tough fiscal times ahead of us, so we will let this money go into the General Fund for the next 4 years, but starting with 2014, let us be fiscally responsible to homeowners in Pennsylvania. Let us let table games revenue go to property tax relief in the form of holding down the teacher pension spike, which under the Supreme Court's ruling three times in the last 25 years, we must pay. So this is an attempt to help property owners. Unfortunately, the gentleman from Greene, the gentleman from Berks have completely tried to mislead and engage in that shell game that I referred to of not being truthful and straight up with the people here in the House. Mr. GABIG. Thank you, Mr. Speaker. That would conclude my interrogation. Could I make final comments on the Reichley amendment? The SPEAKER. The gentleman is in order—


Mr. DeWEESE. Mr. Speaker, a point of parliamentary procedure. The SPEAKER. The gentleman will state his point of parliamentary procedure. Mr. DeWEESE. It is my feeling that my honorable colleague from the Lehigh Valley just impugned the integrity of Chairman Santoni and myself when he said we were attempting to mislead and we were conducting a shell game, and I would think that the Speaker and his team at the rostrum would at least take a look at those comments as to their propriety. We were arguing aggressively on one side of an issue but certainly not trying to mislead and certainly not trying to participate in a shell game. I just think that that reference was unfortunate, and I wanted to bring it to the attention of the chamber. The SPEAKER. The Chair thanks for the advice of the gentleman. The gentleman, Mr. Gabig. Mr. GABIG. Thank you, Mr. Speaker. In light of those comments, I wonder if the majority whip would stand for interrogation so we could clarify his earlier


comments and find out whether he just misunderstood what the underlying bill did and the effect of Reichley or was he in fact trying to mislead when he said, when he said— The SPEAKER. Will the gentleman yield. Mr. GABIG. —to this chamber— The SPEAKER. Will the gentleman yield. Will the gentleman yield. The question before the House is the Reichley amendment. I think all of the members would agree this is going to be a very long day. I am going to ask all the members— We are going to strictly enforce the rule that the members stick to the subject before the House and the question before the House. The question before the House is the adoption of the Reichley amendment. Mr. GABIG. I appreciate that, Mr. Speaker. I honestly do, I really do, and I would just ask the Speaker if he could be just as strict when people like the whip get up and start talking about property tax relief— The SPEAKER. The gentleman will yield. The gentleman will yield. Property tax reform and the issue of property tax reform contained in that amendment as listened to by the Speaker as well as the Parliamentarian, there is a nexus between the arguments made. Mr. GABIG. Well, I am not exactly sure if I am understanding the Speaker, because you are saying I am not allowed to talk about— The SPEAKER. The gentleman will yield. Mr. GABIG. —but they are— The SPEAKER. The gentleman will yield. The Chair recognizes the gentleman, Representative Turzai, on the amendment. Mr. TURZAI. Thank you very much, Mr. Speaker. Mr. Speaker, I just want to put forth certain facts, and they are in response but they are facts. We originally voted on certain amendments to SB 711, the bill that is presently in front of us, back on October 4 of 2009. One of the amendments was an amendment by Representative Ron Miller, my colleague from York County, and it was amendment 4276. That particular amendment took SB 711, which presently takes all new expanded gaming revenues and puts it into the General Fund, and shifted that 100 percent to the Property Tax Relief Fund; 100 percent shift. There was a vote on that particular amendment on October 4. It failed; 97-97 tie, but that means it fails. The gentleman from Greene County who did lecture us – I am not using the term "misled" – but who did lecture us on the fact that it all needed to go to property tax relief voted against the Ron Miller amendment, the Representative Miller amendment— The SPEAKER. Representative Turzai, will the gentleman yield. On the question. The question is the adoption of the Reichley amendment— Mr. TURZAI. Correct. The SPEAKER. —as it pertains to SB 711. Mr. TURZAI. The record needs to be reflected correctly, sir; it does. The SPEAKER. That record could be corrected on final passage of the legislation. Mr. TURZAI. Secondly, sir, the original legislation that SB 711 amends did not have 100 percent of the moneys going

to property tax relief in and of itself. On that point, I think that the gentleman from the Lehigh Valley, with his particular amendment, is trying to point out important policy concerns and is indicating that this money should not specifically be going to the General Fund but should in fact be addressing specific issues important to Pennsylvania, amongst them, amongst them the spike which indirectly affects property taxes, because if we do not address that spike, many people contend that property taxes will increase to meet that spike for the pension funds. I support the gentleman because I feel that this amendment actually does go to reduce property taxes or, at a minimum, prohibits the increase of property taxes. Thank you very much. On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)


The SPEAKER. The Chair notes the presence of the gentleman from Allegheny County, Representative Gergely, on the House floor. His name will be added to the master roll.

CONSIDERATION OF SB 711 CONTINUED

On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–88 Adolph Farry Maher Quinn Baker Fleck Major Rapp Barrar Gabig Marshall Reed Bear Gabler Marsico Reese Benninghoff Geist Metcalfe Reichley Boyd Gillespie Metzgar Roae Brooks Gingrich Millard Rock Causer Godshall Miller Rohrer Christiana Grell Milne Ross Clymer Grove Moul Saylor Cox Harhart Murt Scavello Creighton Harper Mustio Schroder Cutler Harris O'Brien, D. Sonney Dally Hennessey O'Neill Stern Day Hess Oberlander Stevenson Delozier Houghton Payne Swanger Denlinger Hutchinson Peifer Tallman DiGirolamo Kauffman Perzel True Ellis Keller, M.K. Phillips Turzai Evans, J. Killion Pickett Vereb Everett Knowles Pyle Vulakovich Fairchild Krieger Quigley Watson NAYS–104 Barbin Drucker Mahoney Samuelson Belfanti Eachus Manderino Santarsiero Bishop Evans, D. Mann Santoni Boback Fabrizio Markosek Seip Boyle Frankel Matzie Shapiro Bradford Freeman McGeehan Siptroth Brennan Galloway McI. Smith Smith, K. Briggs George Melio Smith, M. Brown Gerber Micozzie Solobay Burns Gergely Mirabito Staback

2478 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Buxton Gibbons Mundy Sturla Caltagirone Goodman Murphy Taylor, R. Carroll Grucela Myers Thomas Casorio Haluska O'Brien, M. Vitali Cohen Hanna Oliver Wagner Conklin Harhai Pallone Walko Costa, D. Harkins Parker Wansacz Costa, P. Johnson Pashinski Waters Cruz Josephs Payton Wheatley Curry Kessler Petrarca White Daley Kirkland Petri Williams Deasy Kortz Preston Youngblood DeLuca Kotik Readshaw Yudichak DePasquale Kula Roebuck Dermody Lentz Sabatina McCall, DeWeese Levdansky Sainato Speaker Donatucci Longietti NOT VOTING–0 EXCUSED–10 Beyer Hickernell Miccarelli Smith, S. Civera Hornaman Perry Taylor, J. Helm Keller, W. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. SCHRODER offered the following amendment No. A04607:

Amend Bill, page 2, line 11, by inserting after "LICENSEE" and for slot machine winnings intercept

Amend Bill, page 101, line 20, by striking out "A SECTION" and inserting

sections Amend Bill, page 102, by inserting between lines 22 and 23

§ 1211.2. Slot machine winnings intercept. (a) General rule.–Winnings obtained from gambling on slot

machines shall be applied to satisfy a winner's delinquent support obligation.

(b) Duty of licensed gaming entity or slot machine licensee.–In the case of any person winning more than $1,200 from slot machine winnings, before making any monetary payment from those winnings, the licensed gaming entity or slot machine licensee shall obtain the name, address and Social Security number of the winner from Form W-2G, or a substantially equivalent form filed with the United States Internal Revenue Service, and shall request the department to make all reasonable efforts to determine if the winner is a delinquent support obligor. If the winner is determined to be a delinquent support obligor, all of the following shall apply:

(1) The amount of any arrearages shall be deducted from the amount of slot machine winnings and paid to the obligee in the manner provided for under 23 Pa.C.S. (relating to domestic relations) for the administration of support payments.

(2) The amount of any fee, calculated under subsection (c)(6), shall be deducted from the winnings and distributed according to this section. (c) Duties of department.–The department shall do all of the

following: (1) Cause a search to be made periodically of all of the

following:

(i) The department's records relative to the Title IV-D program.

(ii) Any information received from county domestic relations offices relative to arrearages of court-ordered child support.

(iii) Any information received from states with reciprocal enforcement of child support relative to arrearages of court-ordered child support. (2) Furnish the licensed gaming entity or slot machine

licensee with the following information: (i) The department identifier. (ii) The obligor's full name and Social Security

number. (iii) The amount of the arrearage and the

identifier of the court order that underlies it. (3) Request the licensed gaming entity or slot machine

licensee to withhold from the winner the amount of any arrearage discovered under paragraph (1).

(4) Request the licensed gaming entity or slot machine licensee to pay, in a lump sum or by installment, to the State disbursement unit that portion of the slot machine winnings that satisfy the arrearage as follows:

(i) By deducting from the amount received from the licensed gaming entity or slot machine licensee any amount assigned to the State disbursement unit.

(ii) By paying to the State disbursement unit for distribution to the obligee of the child support court order the amount of slot machine winnings that satisfy the arrearage owed to the obligee. (5) If the slot machine winnings are insufficient to

satisfy the arrearages owed under the child support order, the department shall proceed as follows:

(i) The department may collect as provided by law.

(ii) The department may reinitiate the procedures set forth under this section if the obligor wins subsequent slot money. (6) Determine and set a fee, if necessary, that reflects the

actual costs to the department and the licensed gaming entity or slot machine licensee to administer this section. The department shall request the licensed gaming entity or slot machine licensee to deduct the fee set from the amount to be paid to the winner after the winner's child support obligation has been fully satisfied and shall divide the fee set based on the administrative expenses incurred by the department and the licensed gaming entity or slot machine licensee.

(7) Within 30 days of the date the slot machine winnings were won, do all of the following:

(i) Award the winner the slot machine winnings in whole or in part.

(ii) If applicable, notify the winner that the slot machine winnings or a portion of the slot machine winnings was used to satisfy arrearages owed for court-ordered child support.

(d) Notice.–The domestic relations section shall send a one-time notice to all obligors of existing orders informing them that arrearages may be intercepted as provided under this section.

(e) Right to review.–A winner whose slot machine winnings are used to satisfy an obligation under this section may appeal to the department in accordance with 2 Pa.C.S. (relating to administrative law and procedure). The appeal shall be filed within 30 days after the winner is notified by the department that the slot machine winnings have been reduced or totally withheld to satisfy outstanding arrearages for child support and related obligations.

(f) Rules and regulations.–The department shall promulgate the rules and regulations necessary to carry out its responsibilities under this section.

(g) Nonliability.–A licensed gaming entity or a slot machine


licensee that makes a payment to a winner in violation of this section shall not be liable to the person to whom the winner owes an outstanding debt.

(h) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"State disbursement unit." As defined in 23 Pa.C.S. § 4302 (relating to definitions). On the question, Will the House agree to the amendment? The SPEAKER. On the question, will the House adopt the amendment, the Chair recognizes the gentleman from Chester County, Representative Schroder. Mr. SCHRODER. Mr. Speaker, this is an amendment that should have widespread bipartisan support. The concept is very simple. It would require that winnings by those who are in arrears in their child support be intercepted and deducted before they leave the casino. In other words, if someone is playing a table game or a slot machine and they owe back child support and they have winnings of $1200 or above, they would be subject to having the amount of arrearages deducted so that they could meet their obligations to their children and not win and not gamble on the backs of their children. So, Mr. Speaker, I think this is something that we should all support. It is a very commonsense proposal, and I ask for the House's approval. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, I ask for a "no" vote on the Schroder amendment. Mr. Speaker, this amendment is costly and not practical as written. What it does is it requires that a slot machine licensee obtain the winner's name, address, and Social Security number from IRS's (Internal Revenue Service) form W-2G or a similar form filed with the IRS. Mr. Speaker, it is highly unlikely that anyone presently goes to the casino with such a form. There is no accommodation whatsoever for any individual who has no such form, so it is unknown whether an individual in that situation would ever be able to collect their winnings irrespective of whether or not they have outstanding support obligations. Mr. Speaker, as written, the winnings are held by the slot machine licensee until they are able to obtain the winner's information off that aforementioned IRS form and then the request that the department search to see if the individual is delinquent in their support obligations, support payments. All this time the licensee is earning interest off the winner's money. Requiring the obtaining of information from the IRS form and the check with the department in every single case, Mr. Speaker, would include persons who have never resided in Pennsylvania, would include persons who have no children, would include persons who are 90 years old, without any consideration, even if they had prior support obligations, and then, Mr. Speaker, quite frankly, when you are 90 years old, you probably do not have children under the age of 18 – not everybody, but most. Because of those and many other reasons, Mr. Speaker, and again, the attempt to delay this bill, Mr. Speaker, this

amendment and many others are not an attempt by the maker to make the bill better, but, quite frankly, an attempt to delay, delay, and delay. Mr. Speaker, we need this legislation. Let us defeat the Schroder amendment. Thank you, Mr. Speaker.


The SPEAKER. On the question, the Chair recognizes the gentlelady from Bucks County, Representative Watson. Mrs. WATSON. Thank you, Mr. Speaker, but I have a parliamentary inquiry. The SPEAKER. The gentlelady will state her parliamentary inquiry. Mrs. WATSON. I had notified the Chair – and I hope you got that – that I wanted to speak actually before we started on this. I was not recognized. So when is the appropriate time, please, Mr. Speaker? The SPEAKER. The appropriate time to make a motion? Mrs. WATSON. Yes, sir. The SPEAKER. If the gentlelady is recognized, the question before the House right now is the Schroder amendment. Mrs. WATSON. I understand, sir. The SPEAKER. You could be recognized on the Schroder amendment and make a motion at that point. Mrs. WATSON. All right. Not in the interest of delaying anything or whatever, but please remember, sir, that I did notify the Chair to speak before all this started. Then I would like to make a motion. The SPEAKER. The gentlelady will state her motion. Mrs. WATSON. Pursuant to rule 17, I move for a special order of business to call up from the calendar, which I would note were marked as they were to be voted last Thursday but now listed as over, and I list them in order: SB 1036, SB 1037, SB 1038, SB 1039, and SB 1040. I do so, Mr. Speaker, respectfully to you. I really did want to do this before we started SB 711. There is no delay, but schools cannot wait and students need to know they can attend second semester. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. Will the gentlelady provide the Speaker with a list of the bills. Mrs. WATSON. Yes, sir. The SPEAKER. The gentlelady, Representative Watson, would have to make a motion to first postpone consideration of SB 711 and the Schroder amendment. Mrs. WATSON. I am recognized then, Mr. Speaker? The SPEAKER. The gentlelady is recognized for that motion. Mrs. WATSON. Thank you, Mr. Speaker. Regretfully to Representative Schroder, with no disrespect, regretfully to the Speaker, with no disrespect, but I would indeed make the motion that I stated previously pursuant to rule 17, and I am happy to do them one at a time. I can do them all together according to the Parliamentarian? Then I will do so, Mr. Speaker. The SPEAKER. The motion that the gentlelady would have to make would be to postpone consideration of SB 711 at this time.


MOTION TO POSTPONE

Mrs. WATSON. Very regretfully, Mr. Speaker, but because of some glitch in the system, I will indeed make a motion to suspend the discussion and the voting on SB 711 and immediately take up then, under rule 17, the Senate bills I previously mentioned. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentlelady. The question before the House from the gentlelady from Bucks County, Representative Watson, is for the House to postpone immediate consideration of SB 711. On the question, Will the House agree to the motion? The SPEAKER. On that motion to postpone, the Chair recognizes the gentleman from Allegheny County, Representative Turzai. Mr. TURZAI. Thank you very much, Mr. Speaker. We rise in support of the good lady from Bucks County's motion. Sir, as many of you know, it had been indicated to us that we would be voting on the funding for the State-related universities. Many of us showed up early in the morning on Thursday of last week. The State-related universities, including the University of Pittsburgh, Temple University, Lincoln University, Penn State University, as the good Representative has stated, need their funding and we need to finish the budget process. We do not believe that expanded gaming should be in any way related to the votes on funding for the families and students at those State-related universities. Members from both caucuses have written to the Speaker or have spoken to the Speaker saying, please, let us take up with respect to our votes first, before any discussion about expanded gambling, to complete that fundamental duty of funding those particular universities. The gentlelady is expressing what many people in this legislature and outside this legislature believe is our constitutional duty with respect to spending under the budget and with respect to what is good policy. I would ask everybody to please support her motion that we put off this bill on expanded gaming and that we take up immediately the issue of funding the State-related universities – Penn State University, the University of Pittsburgh, Temple University, Lincoln University – because those families and those students need to make sure that the funding is there so that they do not face increased tuition bills. Thank you, sir. The SPEAKER. The Chair thanks the gentleman. On the question, the Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, I rise to oppose the Watson postponement motion for the second time in 2 weeks, and my argument is exactly the same. The soundness of the gentleman's argument from Allegheny that we do not need to do the table games bill as it relates to this budget is not accurate. It is not accurate because we have a $320 million hole in this budget which needs to be filled. We made a commitment on this side of the aisle. The minute passage of SB 711 is completed, we will run the nonpreferred appropriations, which always run last in the budget. But to make some connection between the House Democratic Caucus's

commitment to higher education, somehow linking it to this postponement motion is inaccurate. As a matter of fact, the gentleman may remember, respectfully, that the Appropriations chairman on the minority side offered an amendment during the budget to cut, to cut higher education by 5 percent, which everyone on your side of the aisle voted for. So to make some fallacious argument that somehow this is a lack of commitment to higher education is inaccurate, false, and misleading. Once again, I rise to oppose the Watson amendment as I did last week. Thank you. The SPEAKER. On the question, the Chair recognizes the gentleman from Allegheny County, Representative Turzai, for the second time. Mr. TURZAI. Thank you very much, Mr. Speaker. I find it very difficult to believe that if expanded gambling is not passed, that the good leader from the other side is not going to run the bills that are going to appropriate funding to the State-related universities – the University of Pittsburgh, Penn State University, Temple University, and Lincoln University? In fact, the discussion about expanded gaming has been around for the entire session and could have been voted upon anytime. It is only because of the leadership from the other side that the two issues have been linked. In the past budget, many of us did vote "no." Taxes were increased by almost $1 billion a year, moneys were taken from funds totaling close to $2 billion, and the Governor has indicated that there is, in fact, a surplus, a surplus projected for this fiscal year; I think a surplus of approximately $350 million. Even if you assumed, which we do not concede, that the projected $200 million to come from expanded gaming was part of that $350 million, which we do not concede – we believe that that $350 million in excess is because of the increased taxes and because of the raiding of the existing funds – there are plenty of revenues with respect to the State-related universities. Everybody knows that table games were never a part of the budget in and of itself. Table games are a separate issue that is before this body and the people of Pennsylvania to be taken up. We can vote on funding for the State-related universities today without having any connectedness to gaming, and for anybody to assert that the only way that we can finance the State-related universities, higher education, is through gaming, then I think that they have seriously not told the complete truth to the citizens of Pennsylvania when the budget was done. Thank you very, very much. I would support the gentlelady from Bucks County. Let us fund the State-related universities. Everybody knows you do not need table games to fund the State-related universities, period. Thank you. The SPEAKER. On the motion to postpone, the Chair recognizes the gentlelady from Bucks County, Representative Watson. Mrs. WATSON. Thank you, Mr. Speaker. Let me be very clear to my colleagues. I had no intention to interrupt proceedings and I had no intention to slow the process down and to somehow delay votes for all the amendments on gaming. That should stand by itself. I am here to vote. I am fine to vote on all of the amendments, reflecting what folks in the 144th want me to do. I have no problem. However, Mr. Speaker – and I tried, Mr. Speaker, to be respectful of your time, and I did notify the Chair to do it in a respectful way, that that would be first before we would start it – the glitch occurred somewhere, and this was what would be left to me to do.


I am that strong about the fact that these schools need funding, because over the weekend I heard from lots of parents of young people attending the University of Pittsburgh and attending Penn State who wanted to tell me, and then I also heard from adult students who will not go second semester because they cannot afford an increase. I also met with the folks from Temple University, who assured me and told me what they have gone through to try to keep down, but they will have to come up with a tuition increase without this funding. So the time is late. I think everybody's amendment to this bill is important. We should vote on each one. If it takes us all week, as a person who helps with Christmas in her own home, I am not real happy about all week. But, fine; I am here all week and we will do that. While we do that, however, students should not be waiting. And so regretfully, I had to follow this course of action. I would have preferred that we did it in a simpler way, but it was not open. I ask for your support to briefly interrupt. By my estimation, Mr. Speaker, in the years I have spent here, five bills – okay – 3 minutes. I think it is 15 minutes, Mr. Speaker, we could have this done. So all I am asking for is 15 minutes of your time, Mr. Speaker, 15 minutes of your time to see to it that students get to attend second semester, that schools are not liquidating assets, as one has already done, to make up the shortfall for money that was promised. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the lady. The Chair recognizes the gentleman from Northumberland County, Representative Belfanti, on the question. Mr. BELFANTI. Thank you, Mr. Speaker. Mr. Speaker, very briefly, the Republican whip asserted that we do not need to fill a budget gap in order to pay for the nonpreferreds. Now, I hold here the Patriot-News of Thursday, December 10, and the headline is "More layoffs are possible, Rendell says." The budget is currently facing a $217 million shortfall in its projected revenues, which is contrary to the assertion made by the Republican whip. The article also goes on to say that Rendell expected that at least three of the four caucuses would pass table games in order to fill at least $200 million of the gap so that we would have the money to pay either State-relateds or other General Fund issues. So I did not plan on getting up about this, but again, this is a very recent article per se. We are $217 million below estimate right now as we stand here, and it is only December. So I do not know where the whip on the other side gets that we project this miraculous surplus at the end of the term, but I do not see how we are going to do that without the advent of adding table games. So I am opposing the motion to postpone. I believe we should get to the issue of table games. I have no casinos. I have no employees that I know of that can commute to a casino, so it is not something that is absolutely necessary for the folks in my district. But I do believe that statewide, if we are going to have casinos, we should have them with table games so that we do not have Pennsylvania residents going out of State with their gaming dollars if they happen to be table game players. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Lehigh County, Representative Reichley.

Mr. REICHLEY. Thank you, Mr. Speaker. Would the majority leader stand for brief interrogation on this matter?


Mr. EACHUS. Mr. Speaker, may I ask a question of the Speaker? The SPEAKER. A parliamentary inquiry? The gentleman will state his parliamentary inquiry. Mr. EACHUS. Now, I realize we are on a motion to postpone, Mr. Speaker. I am trying to make sure I understand the framework of the gentleman's inquiry. You know, on most days I would stand for interrogation. I am just trying to make sure that I keep the orderly process of the floor moving along in a timely fashion. Is there any type of interrogation that is in order or is it anything? The SPEAKER. The interrogation would be related to whether or not to postpone consideration of 711. Mr. EACHUS. All right. Then, Mr. Speaker, let us see how it goes. I will stand. The SPEAKER. The gentleman indicates he will stand for interrogation. The gentleman, Mr. Reichley, is in order and may proceed. Mr. REICHLEY. Well, I appreciate the majority leader's generosity, Mr. Speaker. Thank you. Mr. Speaker, is the gentleman aware of the letter dated December 14, 2009, which was signed by the presidents of the University of Pittsburgh, Penn State University, Temple University, and Lincoln University, which was addressed to Governor Rendell and Democratic leaders of the Pennsylvania House of Representatives? Mr. EACHUS. If you bring it down here, I will see if I received it. I am sure I have, Mr. Speaker, if my name is on it. But as it relates to the content, if you will share it with me, I am happy to engage with you. Mr. REICHLEY. I would be happy to do that, Mr. Speaker, because it was copied to all 203 members of the House, and I brought a copy to be provided into the record as well. But it says, Mr. Speaker, that the four university presidents have written to the majority leader as well as Governor Rendell that "Earlier this year in July, our institutions took a leap of faith and adopted the lowest"— Mr. EACHUS. Mr. Speaker, I have the letter. I have seen it. You do not have to read it. Mr. REICHLEY. Oh, now you have it. Oh, good. Mr. EACHUS. I have it now. Your staff took good care of you on this one. Mr. REICHLEY. Great. Well, it was not by any of my doing. Thank you, Mr. Speaker. The SPEAKER. On the question, the motion to postpone. Mr. REICHLEY. Mr. Speaker, so the gentleman is aware that the four university presidents believe that he and the other members of Democratic leadership and Governor Rendell made a commitment to pass the nonpreferred appropriations bills regardless of the status of table games, the last sentence in the first paragraph stating "...you have stated in recent days that action on our bills will not occur in the House of


Representatives until SB 711...passes, and that if those bills do make their way to Governor Rendell's desk before the passage of SB 711, he may veto them." He is also aware, I am taking it, since he has the letter, that they write "It is especially disheartening that this delay in adopting our bills is due to an issue entirely unrelated to us. Our institutions should not be held hostage purely for the purpose of leveraging support for the expansion of gambling or for any other reason." The SPEAKER. The gentleman, Mr. Reichley, will yield. Is the gentleman under interrogation? Mr. REICHLEY. I am asking if he is aware of the statements, Mr. Speaker. Mr. EACHUS. Mr. Speaker, let me respond to the gentleman by saying that last week, on Tuesday, I posted the nonpreferred appropriations onto the floor. We ran the Carnegie Mellon Museum, and the Everhart Museum failed. My intention last week was to run all the nonpreferred appropriations. Unfortunately, I did not have the support of the minority party. You may remember, sir, I think if you check the record you may have, I am not sure on which issue, but you may – somebody can check the record; I think some folks on your side did not vote for that. Now, as it relates to this correspondence, it is nice. I have already said on the floor that when we pass SB 711, before the members leave here for today, if we get to it, that I will run those out, they will be in the Senate, and I am assuming that they will be on the Governor's desk within a few hours. So that has been my commitment; that is my response to your inquiry. Mr. REICHLEY. Well, Mr. Speaker, in response to the gentleman's statement, in fact 65 of the members on this side of the aisle supported the first nonpreferred appropriation— The SPEAKER. Is the gentleman interrogating the majority leader or debating? Do you wish to be recognized on postponement? Mr. REICHLEY. I will be recognized on postponement. Yes, Mr. Speaker. Thank you. The SPEAKER. The gentleman is in order and may proceed. Mr. REICHLEY. Just to correct the record for the purpose of the majority leader, 65 of the Republican members voted for the first nonpreferred appropriation for the Carnegie Museum, including myself, Mr. Speaker. On the second nonpreferred appropriation, 30 members on this side voted for it, and as I recall, 8 of his own members voted against that appropriation, as well as 6 members the first time voted against that appropriation. So it is not a partisan situation here. There is concern across the board— The SPEAKER. The gentleman, Mr. Reichley, will yield. Mr. REICHLEY. I am trying to correct the record, Mr. Speaker. He brought this up, not me. The SPEAKER. It is not a matter of correcting the record. You were on— Mr. REICHLEY. It is, Mr. Speaker. The SPEAKER. Mr. Reichley, you were on the motion to postpone. That is the question before the House, whether or not to postpone consideration of SB 711. That is the question before the House. That is what is to be debated by the House. Mr. REICHLEY. And I think on that question, Mr. Speaker, all members are well served to read the e-mail which we all received at 9:37 this morning from the four university presidents, which put in clear detail that a promise had been

made to them that they believe is now being reneged upon by the House Democratic leadership and by Governor Rendell. And not only is it a matter of these nonpreferred appropriations passing before table games legislation passes – which as the members know, the table games must go to the Senate before it comes back, and we have heard they are going to amend it further – that the failure to pass the nonpreferred appropriations endangers the Federal stimulus funding for which these universities have been applying for. So I would recommend that the members read the entire letter, but in particular regard on the second page it refers to the fact that "In a meeting with representatives of the state-related universities in mid-November, House leaders gave assurances that our appropriations bills would be considered and passed, even if the table games legislation was delayed. We ask that you meet this commitment by passing our appropriations bills now, regardless of the status of Senate Bill 711." I think all members should realize this is not a partisan issue. These are affecting, as the letter states, Pennsylvania students, their families, and the universities. So I think we should put them first rather than table games. Vote in favor of the Watson motion. Thank you.

LETTER SUBMITTED FOR THE RECORD

Mr. REICHLEY submitted a letter for the Legislative Journal. (For letter, see Appendix.)


The SPEAKER. On the motion, the Chair recognizes the gentleman from Westmoreland County, Representative Pallone. Mr. PALLONE. Thank you, Mr. Speaker. Just a parliamentary inquiry. On the motion to postpone, what is the required number of affirmative or negative votes? The SPEAKER. That requires a simple majority vote of the House. Mr. PALLONE. And can you explain to the body if a "yes" vote is in favor or against or how that would go with the motion? The SPEAKER. I will phrase the question appropriately when the question is called. Mr. PALLONE. All right. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question to postpone, those in favor of postponing the immediate consideration of SB 711—


The SPEAKER. On the question, the Chair recognizes the gentleman from Lancaster County, Representative Boyd. Mr. BOYD. Thank you, Mr. Speaker. A parliamentary inquiry, please. The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. BOYD. Mr. Speaker, I heard referenced earlier from the majority leader and I was confused; I just want to be clear.


The Senate bills that are the nonpreferred appropriations, if my understanding is correct, they are prepared, if they receive an affirmative vote from this House, to go straight to the Governor's desk, not back to the Senate. Is that a correct statement, because I heard otherwise from the majority leader? Mr. EACHUS. Yes, Mr. Speaker, if I could respond to the gentleman. The SPEAKER. The gentleman is in order and may proceed. Mr. EACHUS. Thank you. I misspoke, and those go straight to the Governor's desk, so we can get them done tonight. Mr. BOYD. Thank you, Mr. Speaker. Mr. EACHUS. In an hour, if we get to SB 711. The SPEAKER. Mr. Boyd. Mr. BOYD. On the motion then, Mr. Speaker. The SPEAKER. On the motion, the gentleman is in order and may proceed. Mr. BOYD. Thank you, Mr. Speaker. Very, very briefly, I would just like to encourage the members to support the motion. We can have the nonpreferreds on the Governor's desk probably within a half an hour; they can be signed. At best-case scenario, with all of the amendments that are filed to SB 711, that bill is going to take a number of hours. We may or may not get it done tonight. We might be here tomorrow. But probably more importantly, SB 711, when it is amended, is going to be required to go back to the Senate. I do not know that the majority leader has a commitment from the Republican-led Senate to move SB 711, however this chamber decides to amend it, and send it to the Governor. So to connect the two and suggest that for some reason, once we do our work on 711, that that bill is going to end up being sent to the Governor is just not accurate. It is simply not an accurate statement. We do not know what the Senate is going to do with the amendments that we put in in 711. It is absolutely imperative that we get this done for the nonpreferreds, and we should do those votes now. So I support the gentlelady from Bucks County, and if you are inclined to support higher education and get that money to those nonpreferreds, I would recommend an affirmative vote on the motion to postpone. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question, the Chair recognizes the gentleman from York County, Representative Saylor. Mr. SAYLOR. Thank you, Mr. Speaker. In front of me I have the agreed-to budget that was passed in this House earlier this year. In the budget, the revenue projections were for basically a $28.57 billion budget of revenue, projected income. The budget spent 27.8, according to the agreement, leaving us with those $700 million to pay for the nonpreferreds of Penn State, Pitt, Temple, and Lincoln Universities, Mr. Speaker. So the claim that there is no money there is absolutely incorrect. There is money to pay for these universities, and to stop holding the students and the parents of these students hostage with these kinds of gamesmanship that have been taking place here over the last several months on gambling, it is time that we quit holding hostages in our battles here on the

House floor and the Senate and the Governor. It is time that we quit placing people in jeopardy of losing funding or using them as pawns in a game to win political battles. These students have nothing to do with politics; their parents have nothing to do with politics. They simply want their sons and their daughters to get a quality education in this State, and for us to hold them as hostages to the gaming— The SPEAKER. The gentleman will yield. The gentleman will speak to the motion of whether or not to postpone SB 711. Mr. SAYLOR. Mr. Speaker, again, postponing 711 to do what is already money in the budget to do is the right thing to do for the students and parents and taxpayers of Pennsylvania. We need to get this done now so that the Governor can see to it that these universities have the funding, that they do not have to pass additional tuition bills onto our students of our Commonwealth. Thank you, Mr. Speaker. The SPEAKER. On the question to postpone, those in favor of postponing consideration of SB 711 will vote "aye"; those opposed to postponing consideration or the motion will vote "no." Those in favor of postponing will vote "aye"; those opposed, "no." On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–95 Adolph Farry Marshall Quinn Baker Fleck Marsico Rapp Barrar Gabig Metcalfe Reed Bear Gabler Metzgar Reese Benninghoff Geist Micozzie Reichley Boback Gillespie Millard Roae Boyd Gingrich Miller Rock Brooks Godshall Milne Rohrer Causer Grell Moul Ross Christiana Grove Murt Saylor Clymer Harhart Mustio Scavello Conklin Harper O'Brien, D. Schroder Cox Harris O'Brien, M. Sonney Creighton Hennessey O'Neill Stern Cutler Hess Oberlander Stevenson Dally Houghton Pallone Swanger Day Hutchinson Payne Tallman Delozier Kauffman Peifer Thomas Denlinger Keller, M.K. Perzel True DiGirolamo Killion Petri Turzai Ellis Knowles Phillips Vereb Evans, J. Krieger Pickett Vulakovich Everett Maher Pyle Watson Fairchild Major Quigley NAYS–97 Barbin Drucker Levdansky Santarsiero Belfanti Eachus Longietti Santoni Bishop Evans, D. Mahoney Seip Boyle Fabrizio Manderino Shapiro Bradford Frankel Mann Siptroth Brennan Freeman Markosek Smith, K. Briggs Galloway Matzie Smith, M. Brown George McGeehan Solobay Burns Gerber McI. Smith Staback

2484 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Buxton Gergely Melio Sturla Caltagirone Gibbons Mirabito Taylor, R. Carroll Goodman Mundy Vitali Casorio Grucela Murphy Wagner Cohen Haluska Myers Walko Costa, D. Hanna Oliver Wansacz Costa, P. Harhai Parker Waters Cruz Harkins Pashinski Wheatley Curry Johnson Payton White Daley Josephs Petrarca Williams Deasy Kessler Preston Youngblood DeLuca Kirkland Readshaw Yudichak DePasquale Kortz Roebuck Dermody Kotik Sabatina McCall, DeWeese Kula Sainato Speaker Donatucci Lentz Samuelson NOT VOTING–0 EXCUSED–10 Beyer Hickernell Miccarelli Smith, S. Civera Hornaman Perry Taylor, J. Helm Keller, W. Less than the majority having voted in the affirmative, the question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the amendment? The SPEAKER. The House returns to consideration of the Schroder amendment, amendment A04607, and recognizes the gentleman from Montgomery County, Representative Vereb. Mr. VEREB. Mr. Speaker, on the amendment. The SPEAKER. The gentleman is in order and may proceed. Mr. VEREB. Mr. Speaker, in greatest respect to the chairman, he used the word "delay" three times in regard to the gentleman from Chester County's amendment. Mr. Speaker, we were here Thursday, so let us not use the word "delay" the rest of the day. On the amendment, Mr. Speaker, how dare we ask the casino industry to do something in favor of the moms that are waiting for their money and to do something against the deadbeat dads that are in the casino gambling? How dare we as an institution stand up against deadbeat parents and for the moms who so desperately need us to stand up and have a spine to support them? I encourage you to not just endorse and vote in favor of the Schroder amendment, but, Mr. Speaker, in all due respect, how dare we not do anything but make sure that the industry stands up for those moms who need us most? Thank you, Mr. Speaker. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Chester County, Representative Schroder, for the second time. Mr. SCHRODER. Mr. Speaker, could I just inquire as to whether I am the last one speaking on this? The SPEAKER. You are the last gentleman at this point. A couple more members have jumped up. We will call you last, Representative Schroder. Mr. SCHRODER. Thank you. The SPEAKER. On the question, the Chair recognizes the gentleman from Westmoreland County, Representative Pallone.

Mr. PALLONE. Thank you, Mr. Speaker. Would the maker of the amendment stand for very brief interrogation? The SPEAKER. The gentleman, Representative Schroder, indicates he will stand for interrogation. The gentleman, Mr. Pallone, is in order and may proceed. Mr. PALLONE. Thank you, Mr. Speaker. Mr. Speaker, do you know whether or not the Pennsylvania State Lottery Commission has the same type of an intercept program for delinquent support payments? Mr. SCHRODER. Yes, Mr. Speaker, thank you. In fact they do. Mr. PALLONE. Thank you, Mr. Speaker. Thank you, Mr. Speaker. I have nothing further. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Blair County, Representative Stern. Mr. STERN. Thank you, Mr. Speaker. We have an amendment before us, 4607, that ends up intercepting child support from gambling winnings, and I cannot believe that the chairman of the Gaming Oversight Committee would be opposed to this legislation. We already, a previous question that was just asked of the sponsor of this amendment, asked about if we have something in place already with the Pennsylvania Lottery, which we do. We also have statute in place for tax returns in Pennsylvania that deals with problems with child support, gets money back to children in Pennsylvania. And we also have other things in line in Pennsylvania dealing with hunting licenses, fishing licenses, and also with professional licenses as far as suspending professional licenses in Pennsylvania if you do not pay your child support. Now we are saying with SB 711, which is this comprehensive, all-inclusive gambling addition here in Pennsylvania, if you are going to do these things, then you need to put the avenues and the things in place to make sure that it is a good piece of legislation. What are we doing here if we are not enacting good public policy? And just last session we made it a crime, if we move people or if you move across State lines in Pennsylvania, it is now a crime to avoid your child support. What are we doing here? If we do not support this amendment, we should do it alone just for the children of Pennsylvania and their mothers. I cannot believe that the chairman would be opposed to this legislation. As a matter of fact, this very same bill, this very same amendment passed as a bill last session, HB 1488, and passed the Gaming Oversight Committee by a 24-to-nothing vote. It was good policy on June 21, 2007; why would it not be good policy today here in the General Assembly? I urge my members to vote "yes" for the Schroder amendment and do it for the children of Pennsylvania. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Adams County, Representative Moul. Mr. MOUL. Thank you, Mr. Speaker. I will make this quick. Last session we passed out of this House almost unanimously HB 1027 in regard to deadbeat parents. We gave judges the right to extradite deadbeat parents back across State lines into Pennsylvania to basically face the music. I cannot believe that we would not hold deadbeat parents accountable if they are spending their money at a casino in Pennsylvania.


This is not a hard thing to do, and I encourage all of us to support the Schroder amendment. It is the right thing to do, and we showed that last year with HB 1027. Thank you, Mr. Speaker. The SPEAKER. Are there any other members wishing to be recognized on the Schroder amendment? The Chair recognizes the gentleman from Crawford County, Representative Roae. Mr. ROAE. Thank you, Mr. Speaker. I stand in support of the Schroder amendment. I find it hard to believe, Mr. Speaker, that anybody that is behind in their child support would waste money going to a casino to gamble when their own kids are not getting food, clothing, and shelter. I think this amendment is very important. Mr. Speaker, I serve on the Children and Youth Committee here in the State House. I feel every member of the Children and Youth Committee should be voting "yes" on this amendment, because this amendment helps children in Pennsylvania. I think we should make sure that children that need to eat have a little bit of say in this, and I think this amendment makes perfect sense and I urge everybody to support it. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Very quickly, certainly no one is against making people live up to their obligations to support their kids. That characterization is ridiculous. And what else is laughable, Mr. Speaker, quite frankly, is the people that have gotten up and spoken in support of this wonderful amendment are never going to support the bill anyway. So they are going to vote for the amendment and against the table games legislation, so I guess they are against providing support payments for their constituents. So, Mr. Speaker, it is about delay. And I will use the term "delay," really, when I think it is appropriate, and no one is going to tell me when I can use that word, because that is exactly what we are doing here, Mr. Speaker – we are delaying the process. Mr. Speaker, the Republicans would make Dean Smith proud the way they are running the four-corners-stall offense. I expect any day to see Phil Ford walk out on the floor and direct this delay that is going on, Mr. Speaker. The fact of the matter is, this is an attempt to delay this legislation. We want to move forward on this bill. And to address another concern about the way the lottery addresses the support payment, it is totally different than the way that the maker of this amendment is addressing the issue in the bill. It is sloppily written and requires you to carry forms when you go to the casino floor. That is just ridiculous. So, Mr. Speaker, I ask for our members to vote "no" on this legislation, and let us move forward so we can get to the real issue at hand – creating jobs and economic development for our communities. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Chester County, Representative Schroder. Mr. SCHRODER. Thank you, Mr. Speaker. Mr. Speaker, I must say I find the characterization of this amendment by the previous speaker and my good friend and chair of the Gaming Oversight Board to be unfortunate, to say

the least. I would like to respond to a couple of those characterizations and some of the points that have been raised during this debate. First of all, it is ludicrous to castigate those who might vote against this bill on final passage for supporting this amendment here. If it were not for the addition of table games, we might not need to concern ourselves with overdue child support and the impact that this will have on kids who will not get their child support. So I believe that table games makes this amendment even more important, even more timely, and even more ready to be passed today. Now, the chairman has raised a couple of times the specter of probably having to stop by your State legislator's office or the Post Office to pick up tax forms to take to the casino with you. Well, let me tell you why that is a ridiculous characterization and has absolutely no merit. The intercept provision does not kick in until someone wins $1200. And you know why it does not? Because when they win $1200 at the casino, they are already required to go to some back room and to fill out a form to pay taxes on that $1200. We are tying the child support intercept process into the existing tax payment process. All that will have to be done is that the casino will have to run a check through a centralized DPW computer to see at the time of the tax payment whether child support is owed. So the specter of having to bring in tax forms to the casino is just not true, and it is a ridiculous characterization. So do not be fooled by those who apparently have more interest in protecting the convenience of the casino operators and the deadbeat dads over the interests of kids who need child support. It is unconscionable to vote against this amendment, Mr. Speaker. I do not know how anyone can go home and tell their constituents and look themselves in the mirror in the morning when you vote against an amendment that will help put food and clothing on the table of the children of Pennsylvania. That is what this amendment is about, and that is why we need to support it. Thank you. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–96 Adolph Farry Marsico Rapp Baker Fleck Metcalfe Reed Barrar Gabig Metzgar Reese Bear Gabler Micozzie Reichley Benninghoff Geist Millard Roae Boback Gillespie Miller Rock Boyd Gingrich Milne Rohrer Bradford Godshall Moul Ross Brooks Grell Murt Santarsiero Causer Grove Mustio Saylor Christiana Harhart O'Brien, D. Scavello Clymer Harper O'Brien, M. Schroder Cox Harris O'Neill Sonney Creighton Hennessey Oberlander Stern Cutler Hess Pallone Stevenson Dally Hutchinson Payne Swanger Day Kauffman Peifer Tallman Delozier Keller, M.K. Perzel Taylor, R. Denlinger Killion Petri True

2486 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 DiGirolamo Knowles Phillips Turzai Ellis Krieger Pickett Vereb Evans, J. Maher Pyle Vulakovich Everett Major Quigley Watson Fairchild Marshall Quinn Youngblood NAYS–96 Barbin Drucker Lentz Sainato Belfanti Eachus Levdansky Samuelson Bishop Evans, D. Longietti Santoni Boyle Fabrizio Mahoney Seip Brennan Frankel Manderino Shapiro Briggs Freeman Mann Siptroth Brown Galloway Markosek Smith, K. Burns George Matzie Smith, M. Buxton Gerber McGeehan Solobay Caltagirone Gergely McI. Smith Staback Carroll Gibbons Melio Sturla Casorio Goodman Mirabito Thomas Cohen Grucela Mundy Vitali Conklin Haluska Murphy Wagner Costa, D. Hanna Myers Walko Costa, P. Harhai Oliver Wansacz Cruz Harkins Parker Waters Curry Houghton Pashinski Wheatley Daley Johnson Payton White Deasy Josephs Petrarca Williams DeLuca Kessler Preston Yudichak DePasquale Kirkland Readshaw Dermody Kortz Roebuck McCall, DeWeese Kotik Sabatina Speaker Donatucci Kula NOT VOTING–0 EXCUSED–10 Beyer Hickernell Miccarelli Smith, S. Civera Hornaman Perry Taylor, J. Helm Keller, W. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. MURT offered the following amendment No. A04605:

Amend Bill, page 2, line 13, by inserting after "FOR" restoration of rights for principals and key employees, for

Amend Bill, page 106, line 14, by inserting after "OFFENSE" and the person has obtained restoration of rights under section 1213.1 (relating to restoration of rights for principals and key employees)

Amend Bill, page 107, by inserting between lines 13 and 14 § 1213.1. Restoration of rights for principals and key employees.

(a) Restoration.–A person convicted of a misdemeanor gambling offense may make application to the court of common pleas in either the county where the principal residence of the applicant is situated or, if the applicant is not a resident of this Commonwealth, the court of common pleas of any county, for restoration of rights under this section. The court shall grant restoration of rights to serve as a principal or key employee after a hearing in open court if the applicant demonstrates, by clear and convincing evidence, the applicant's good character, honesty and integrity.

(b) Notice and standing.–Notice of an application for restoration

of rights shall be provided to the Pennsylvania Gaming Control Board, the Attorney General, the district attorney of any county in this Commonwealth where the applicant was convicted of a misdemeanor gambling offense and the Pennsylvania State Police. The Attorney General, the district attorney of any county in this Commonwealth where the applicant was convicted of a misdemeanor gambling offense and the Pennsylvania State Police may, at their option, be parties to the proceeding.

(c) Copy of order to board.–If the court grants restoration of rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to all parties to the proceeding and the board. The order shall include the name, date of birth and Social Security number of the applicant.

(d) Expungement and pardon.–A restoration of rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.

(e) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Restoration of rights." Relieving any disabilities resulting from a conviction of a misdemeanor gambling offense with respect to a person's right to apply for a license to serve as a principal or key employee. The provisions of this definition shall not interfere with the authority of the board under this part to consider the conviction as part of its discretionary licensing authority. On the question, Will the House agree to the amendment? The SPEAKER. On that question, the Chair recognizes the gentleman from Montgomery County, Representative Murt. Mr. MURT. Thank you, Mr. Speaker. Mr. Speaker, this amendment relates to individuals who have been convicted of gaming-related misdemeanors. My amendment articulates how the rights of a person who has been convicted of a gaming-related misdemeanor will be restored. Specifically, this amendment relates to the rights of an individual to be a principal or a key employee of a gaming facility. Mr. Speaker, essentially my amendment allows the right to be a principal or a key employee of a gaming facility to be restored by the Pennsylvania Court of Common Pleas, and I would ask for an affirmative vote on this amendment. Thank you, Mr. Speaker. The SPEAKER. On the amendment, the Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Quickly and concisely, the gentleman from Reading/Berks will be dealing with this exact same content in a very similar fashion in the Santoni amendment. I rise to oppose this amendment. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–90 Adolph Farry Marshall Quinn Baker Fleck Marsico Rapp Barrar Gabig Metcalfe Reed Bear Gabler Metzgar Reese Benninghoff Geist Micozzie Reichley Boback Gillespie Millard Roae

2009 LEGISLATIVE JOURNAL—HOUSE 2487 Boyd Gingrich Miller Rock Brooks Godshall Milne Rohrer Causer Grell Moul Ross Christiana Grove Murt Saylor Clymer Harhart Mustio Scavello Cox Harper O'Brien, D. Schroder Creighton Harris O'Neill Sonney Cutler Hennessey Oberlander Stern Dally Hess Payne Stevenson Day Hutchinson Peifer Swanger Delozier Kauffman Perzel Tallman Denlinger Keller, M.K. Petri True DiGirolamo Killion Phillips Turzai Ellis Knowles Pickett Vereb Evans, J. Krieger Pyle Vulakovich Everett Maher Quigley Watson Fairchild Major NAYS–102 Barbin Drucker Levdansky Samuelson Belfanti Eachus Longietti Santarsiero Bishop Evans, D. Mahoney Santoni Boyle Fabrizio Manderino Seip Bradford Frankel Mann Shapiro Brennan Freeman Markosek Siptroth Briggs Galloway Matzie Smith, K. Brown George McGeehan Smith, M. Burns Gerber McI. Smith Solobay Buxton Gergely Melio Staback Caltagirone Gibbons Mirabito Sturla Carroll Goodman Mundy Taylor, R. Casorio Grucela Murphy Thomas Cohen Haluska Myers Vitali Conklin Hanna O'Brien, M. Wagner Costa, D. Harhai Oliver Walko Costa, P. Harkins Pallone Wansacz Cruz Houghton Parker Waters Curry Johnson Pashinski Wheatley Daley Josephs Payton White Deasy Kessler Petrarca Williams DeLuca Kirkland Preston Youngblood DePasquale Kortz Readshaw Yudichak Dermody Kotik Roebuck DeWeese Kula Sabatina McCall, Donatucci Lentz Sainato Speaker NOT VOTING–0 EXCUSED–10 Beyer Hickernell Miccarelli Smith, S. Civera Hornaman Perry Taylor, J. Helm Keller, W. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. MAHER offered the following amendment No. A04878:

Amend Bill, page 166, line 5, by striking out "AND (E)" Amend Bill, page 177, lines 18 through 30; pages 178 through

186, lines 1 through 30; page 187, lines 1 and 2, by striking out all of said lines on said pages and inserting § 1406. Distributions from Pennsylvania Race Horse Development

Fund. (a) Distributions.–Funds from the Pennsylvania Race Horse

Development Fund shall be distributed to each active and operating Category 1 licensee conducting live racing [in the following manner] as follows:

(1) An amount equal to 18% of the daily gross terminal revenue of each Category 1 licensee shall be distributed to each active and operating Category 1 licensee conducting live racing unless the daily assessments are affected by the daily assessment cap provided for in section 1405(c) (relating to Pennsylvania Race Horse Development Fund). In cases in which the daily assessment cap affects daily assessments, the distribution to each active and operating Category 1 licensee conducting live racing for that day shall be a percentage of the total daily assessments paid into the Pennsylvania Race Horse Development Fund for that day equal to the gross terminal revenue of each active and operating Category 1 licensee conducting live racing for that day divided by the total gross terminal revenue of all active and operating Category 1 licensees conducting live racing for that day. [The] Except as provided in paragraph (2), the distributions to licensed racing entities from the Pennsylvania Race Horse Development Fund shall be allocated as follows:

[(i) Eighty percent] (i) (A) From licensees that operate at thoroughbred tracks, 80% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(B) From licensees that operate at standardbred tracks, 64% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen. A minimum of one-sixth of the amount of those purses shall be used for live races limited to harness horses that are regularly stabled in this Commonwealth, are greater than three years of age and were sired by a standardbred stallion regularly standing in this Commonwealth.

(C) From licensees that operate at standardbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act. (ii) For thoroughbred tracks, 16% shall be

deposited on a monthly basis into the Pennsylvania Breeding Fund as defined in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8% shall be deposited on a monthly basis in the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act, and 8% shall be deposited on a monthly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture by rule or by regulation, adopt a standardbred breeders program that will include


the administration of Pennsylvania Stallion Award, Pennsylvania Bred Award and a Pennsylvania Sired and Bred Award.

(iii) Four percent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. (2) [(Reserved).] For fiscal years 2009-2010 through

2012-2013, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:

(i) Each week, 17% of the money in the Pennsylvania Race Horse Development Fund shall be transferred to the General Fund.

(ii) Each week, 83% of the money in the Pennsylvania Race Horse Development Fund shall be distributed to each active and operating Category 1 licensee conducting live racing in accordance with the following formula:

(A) Divide: (I) the total daily assessments

paid, by each active and operating Category 1 licensee conducting live racing, into the Pennsylvania Race Horse Development Fund for that week; by

(II) the total daily assessments paid, by all active and operating Category 1 licensees conducting live racing, into the Pennsylvania Race Horse Development Fund for that week. (B) Multiply the quotient under clause

(A) by the amount to be distributed under this subparagraph. (iii) The distribution under subparagraph (ii)

shall be allocated as follows: (A) The greater of 4% of the amount to

be distributed under subparagraph (ii) or $220,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by

the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization.

(B) Of the money remaining to be distributed under subparagraph (ii) after application of clause (A), the following disbursements shall be made:

(I) For licensees that operate at thoroughbred tracks, eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For licensees that operate at standardbred tracks, 67 1/3% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen. A minimum of one-sixth of the amount of those purses shall be used for live races limited to harness horses that are regularly stabled in this Commonwealth, are greater than three years of age and were sired by a standardbred stallion regularly standing in this Commonwealth. From licensees that operate at standardbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act.

(III) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State


Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

* * * On the question, Will the House agree to the amendment?

AMENDMENT PASSED OVER TEMPORARILY The SPEAKER. The amendment will go over temporarily. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. MILLARD offered the following amendment No. A04803:

Amend Bill, page 189, line 4, by striking out "AND THE SECTION IS AMENDED BY ADDING A SUBSECTION"

Amend Bill, page 189, lines 14 through 22, by striking out all of said lines

Amend Bill, page 189, line 25, by striking out the bracket before "PURPOSE"

Amend Bill, page 189, line 26, by striking out "] PURPOSES AUTHORIZED IN SUBSECTION (A.1) AND FOR"

Amend Bill, page 190, line 3, by striking out "AND WHICH HAVE NOT BEEN TRANSFERRED UNDER SUBSECTION (A.1)"

Amend Bill, page 190, line 3, by inserting after "SHALL" , in an amount not to exceed $4,000,000 per fiscal year,

On the question, Will the House agree to the amendment? The SPEAKER. On the amendment, the Chair recognizes the gentleman from Columbia County, Representative Millard. Mr. MILLARD. Thank you, Mr. Speaker. What this amendment will do is to take out of the funds that are already dedicated to local law enforcement a sum certain that will support 4-H and FFA (Future Farmers of America) in this great Commonwealth. There are a number of organizations, FFA and 4-H and fairs and other agricultural organizations in Pennsylvania, and I will just go over some numbers here with you. Statewide agricultural organizations, there are 15; 4-H, 67 of them; FFA, between 30 and 40; 115 fairs in Pennsylvania; the Pennsylvania Angus Association; the Pennsylvania Porterhouse Association – all dependent upon funding that is a line item in the budget dedicated to distribution to county fairs. In addition to these organizations and the county fairs, they are dependent upon this money for infrastructure repairs through capital improvement projects, and in the past couple of years, these funds have been cut numerous times, which equates

to a reduction in the availability of projects that support the equine industry and FFA and 4-H in Pennsylvania. So what we are trying to do, what I am trying to do with this amendment is to see some restoration of these dollars. The way it is originally intended is to take, again, the unused portion from local law enforcement. Nobody is being deprived of anything. They are fulfilling all of the requirements, all of their needs in local law enforcement, and what this will simply do is take that excess that is not being utilized and put it into agricultural programs in Pennsylvania. Thank you, Mr. Speaker. I would ask for an affirmative vote on this amendment. The SPEAKER. On the question, the Chair recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, I ask for a "no" vote on amendment A04803. Mr. Speaker, the primary purpose of the law enforcement grant fund is to provide financial resources for local law enforcement agencies to crack down on gray slot machines in private clubs and bars. Locals did not apply for these grants at the anticipated rate, and most of the money in the fund was not allocated. The additional $3 million for compulsive and problem gambling and drug and alcohol addiction will ensure that the Pennsylvania Gaming Control Board's Office of Compulsive and Problem Gambling, the Department of Health, and the 49 single county authorities have the financial resources to identify, assess, and treat compulsive and problem gambling and related drug and alcohol addiction, Mr. Speaker. For those that are concerned about the social ills that gaming will bring, this amendment will reduce the dollars to be utilized for that. I would again ask for a negative vote on amendment 04803. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Bucks County, Representative DiGirolamo. Mr. DiGIROLAMO. Thank you, Mr. Speaker. I very reluctantly rise to oppose my good friend from Columbia County in the amendment. This money that he is taking for a very worthy cause for the fairs and for agriculture has already been earmarked or dedicated for compulsive gambling programs related to drug and alcohol addictions. Not only that, but the money is going to be distributed in all of our districts to our FCAs (Farm Credit Administrations), administered by our local people. This is an important $3 million, and again, very reluctantly, I ask my colleagues to oppose the Millard amendment. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Luzerne County, Representative Carroll. Mr. CARROLL. May I interrogate the amendment maker, Mr. Speaker? The SPEAKER. The gentleman, Mr. Millard, indicates he will stand for interrogation. The gentleman, Mr. Carroll, is in order and may proceed. Mr. CARROLL. Thank you, Mr. Speaker. Mr. Speaker, it seems to me that there was a bill in the Ag Committee that was approved that would have accomplished this; and secondly, it seems to me that we did something in the budget a few months ago that would accomplish the exact same thing that you are trying to accomplish today. Can you share


with me whether or not this has already been accomplished either by virtue of the budget or by virtue of a stand-alone bill that was approved by the Ag Committee? Mr. MILLARD. Mr. Speaker, if I understand your question correctly, yes, there was an amendment that was passed, oh, a couple of months ago with regard to this bill. But what this will do is to reposition the funding that will go into the agricultural programs. Right now the gaming, which really has a bite of the apple already, takes first position on the unused portion of local law enforcement funds, and what this amendment will do is reposition those entities that are agricultural related in front of the gambling situation right now that already has, again, a bite of the apple. The agricultural programs do not have anything of any substance that will support all of these programs statewide. My estimation before was that there would be about $300,000 that would be available to, again, the 115 fairs, the 15 agricultural organizations, the 67 4-H programs, and the 30 or 40 FFA programs in Pennsylvania. When you are looking at those numbers, you soon realize that $300,000 is not going to support the good intent of those agricultural and equine support programs. Mr. CARROLL. On the amendment, Mr. Speaker? The SPEAKER. The gentleman, Mr. Carroll, is in order and may proceed. Mr. CARROLL. Thank you, Mr. Speaker. And I do applaud the gentleman from Columbia County for his advocacy for fairs, but it seems to me that this measure has been considered as part of the budget process and also as a bill that came out of the Ag Committee. And for those reasons I stand in opposition to the amendment, despite the fact that I think it is a worthy effort. I do believe that the problem that is attempting to be solved was already solved, and that if there is an effort next year to consider additional funding for fairs, we could take that up in next year's budget. Hopefully we will have the money to provide more funding to fairs. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question, the Chair recognizes the gentleman from Perry County, Representative Keller. Mr. M. KELLER. Thank you, Mr. Speaker. Will the maker of the amendment stand for interrogation? The SPEAKER. The gentleman, Mr. Millard, indicates he will stand for interrogation. The gentleman, Mr. Keller, is in order and may proceed. Mr. M. KELLER. Thank you, Mr. Speaker. What I would like to know and I do not quite understand and I want it to be made clear is the fact that the moneys that you are seeking in this amendment, does that go into effect after the law enforcement agencies have not used it and it is left as extra or is it before? Mr. MILLARD. Mr. Speaker, you are correct. This is the unused portion of local law enforcement funds. Every request through that funding has been made and will continue to be made until that fund is exhausted. For example, with the amount of money that is dedicated to local law enforcement, if there was a request that met or exceeded the amount that is dedicated to that every year, then there would be nothing that would be left over, or surplus, going

to the agricultural programs. But at the current time, with all of those requests in local law enforcement being met, there are excess funds, and that is what, again, I am trying to position with the agricultural programs in Pennsylvania, being able to utilize those excess dollars. Mr. M. KELLER. Okay, Mr. Speaker. If I understand you correctly then, that if the account or the fund is at zero, then the fairs, the FFA, the 4-H, there would be no money for them. Mr. MILLARD. You are absolutely correct. Mr. M. KELLER. Okay. Mr. Speaker, on the amendment? The SPEAKER. The gentleman is in order and may proceed. Mr. M. KELLER. Thank you, Mr. Speaker. Mr. Speaker, think about what this amendment is really doing. It is actually making available funds that are not used for 4-H, FFA, fairs, and the agricultural industry. Agriculture is our number one industry here in this Commonwealth, and I would not see why we would not support an amendment as such that would actually use excess money that was left over. Absolutely the enforcement and those industries would be covered first and foremost, and if there is no money, there is no money, but if there is some extra left there, then it would be going to our number one industry. Thank you, Mr. Speaker. I would suggest that everyone be supportive of the amendment. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Northampton County, Representative Samuelson. Mr. SAMUELSON. Thank you, Mr. Speaker. I understand the gentleman's intent to direct money to the line item in the Department of Agriculture for county fairs. I think we should review how we got to this place where that line item is in need of funding. The House, when we passed a budget in July, funded that line item at $2 million. The Senate, in their version of the budget, funded that line item at zero – total elimination of funding for county fairs. Well, come October, we had a compromise, and the House was able to pass a budget in the budget agreement with $2 million for the payments to county fairs. You would think that would have unanimous support, but there is one group that actually wants to fund less for county fairs. There is a Republican alternative budget here in the House that funds it at $1.95 million. So 83 cosponsors, including many of my friends on the other side of the aisle, voted "no" on the budget which gave $2 million and put their names on a budget which gives $1.95 million. I think we should focus on this next year's budget. Let us try to restore that money. Mr. TURZAI. Mr. Speaker? Mr. Speaker, on the amendment, please. Mr. SAMUELSON. Thank you. Mr. TURZAI. On the amendment, please. On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)



The SPEAKER. The Chair notes the presence of the gentleman from Philadelphia County, Representative Keller, Bill Keller, on the House floor. His name will be added to the master roll.


On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–80 Adolph Everett Maher Quinn Baker Fairchild Major Rapp Barrar Fleck Marshall Reed Bear Gabig Marsico Reese Benninghoff Gabler Metcalfe Reichley Boback Geist Metzgar Roae Boyd Gillespie Millard Rock Brooks Gingrich Miller Rohrer Causer Grell Milne Ross Christiana Grove Mirabito Saylor Clymer Harhart Moul Scavello Cox Harris Mustio Schroder Creighton Hennessey O'Neill Sonney Cutler Hess Oberlander Stern Dally Hutchinson Payne Stevenson Day Kauffman Peifer Swanger Delozier Keller, M.K. Perzel Tallman Denlinger Killion Phillips Turzai Ellis Knowles Pickett Vulakovich Evans, J. Krieger Pyle Watson NAYS–113 Barbin Evans, D. Longietti Samuelson Belfanti Fabrizio Mahoney Santarsiero Bishop Farry Manderino Santoni Boyle Frankel Mann Seip Bradford Freeman Markosek Shapiro Brennan Galloway Matzie Siptroth Briggs George McGeehan Smith, K. Brown Gerber McI. Smith Smith, M. Burns Gergely Melio Solobay Buxton Gibbons Micozzie Staback Caltagirone Godshall Mundy Sturla Carroll Goodman Murphy Taylor, R. Casorio Grucela Murt Thomas Cohen Haluska Myers True Conklin Hanna O'Brien, D. Vereb Costa, D. Harhai O'Brien, M. Vitali Costa, P. Harkins Oliver Wagner Cruz Harper Pallone Walko Curry Houghton Parker Wansacz Daley Johnson Pashinski Waters Deasy Josephs Payton Wheatley DeLuca Keller, W. Petrarca White DePasquale Kessler Petri Williams Dermody Kirkland Preston Youngblood DeWeese Kortz Quigley Yudichak DiGirolamo Kotik Readshaw Donatucci Kula Roebuck McCall, Drucker Lentz Sabatina Speaker Eachus Levdansky Sainato NOT VOTING–0

EXCUSED–9 Beyer Hickernell Miccarelli Smith, S. Civera Hornaman Perry Taylor, J. Helm Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to.

CONSIDERATION OF AMENDMENT A04878 CONTINUED

On the question recurring, Will the House agree to the bill on second consideration as amended? The clerk read the following amendment No. A04878:

Amend Bill, page 166, line 5, by striking out "AND (E)" Amend Bill, page 177, lines 18 through 30; pages 178 through

186, lines 1 through 30; page 187, lines 1 and 2, by striking out all of said lines on said pages and inserting § 1406. Distributions from Pennsylvania Race Horse Development

Fund. (a) Distributions.–Funds from the Pennsylvania Race Horse

Development Fund shall be distributed to each active and operating Category 1 licensee conducting live racing [in the following manner] as follows:

(1) An amount equal to 18% of the daily gross terminal revenue of each Category 1 licensee shall be distributed to each active and operating Category 1 licensee conducting live racing unless the daily assessments are affected by the daily assessment cap provided for in section 1405(c) (relating to Pennsylvania Race Horse Development Fund). In cases in which the daily assessment cap affects daily assessments, the distribution to each active and operating Category 1 licensee conducting live racing for that day shall be a percentage of the total daily assessments paid into the Pennsylvania Race Horse Development Fund for that day equal to the gross terminal revenue of each active and operating Category 1 licensee conducting live racing for that day divided by the total gross terminal revenue of all active and operating Category 1 licensees conducting live racing for that day. [The] Except as provided in paragraph (2), the distributions to licensed racing entities from the Pennsylvania Race Horse Development Fund shall be allocated as follows:

[(i) Eighty percent] (i) (A) From licensees that operate at thoroughbred tracks, 80% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(B) From licensees that operate at standardbred tracks, 64% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those


agreements with the advice and consent of the horsemen. A minimum of one-sixth of the amount of those purses shall be used for live races limited to harness horses that are regularly stabled in this Commonwealth, are greater than three years of age and were sired by a standardbred stallion regularly standing in this Commonwealth.

(C) From licensees that operate at standardbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act. (ii) For thoroughbred tracks, 16% shall be

deposited on a monthly basis into the Pennsylvania Breeding Fund as defined in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8% shall be deposited on a monthly basis in the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act, and 8% shall be deposited on a monthly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture by rule or by regulation, adopt a standardbred breeders program that will include the administration of Pennsylvania Stallion Award, Pennsylvania Bred Award and a Pennsylvania Sired and Bred Award.

(iii) Four percent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. (2) [(Reserved).] For fiscal years 2009-2010 through

2012-2013, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:





(II) the total daily assessments paid, by all active and operating

Category 1 licensees conducting live racing, into the Pennsylvania Race Horse Development Fund for that week. (B) Multiply the quotient under clause



be distributed under subparagraph (ii) or $220,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization.


(I) For licensees that operate at thoroughbred tracks, eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For licensees that operate at standardbred tracks, 67 1/3% shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen. A minimum of one-sixth of the amount of those purses shall be used for live races limited to harness horses that are regularly stabled in this Commonwealth,


are greater than three years of age and were sired by a standardbred stallion regularly standing in this Commonwealth. From licensees that operate at standardbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act.

(III) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

* * * On the question recurring, Will the House agree to the amendment?

AMENDMENT WITHDRAWN The SPEAKER. The gentleman indicates he is withdrawing the amendment. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The Chair recognizes the gentleman, Mr. Maher, for offering amendment A04914. The gentleman is withdrawing the amendment. The Chair thanks the gentleman. The Chair recognizes the gentleman from Allegheny County, Representative Maher, on amendment A05033. Mr. MAHER. Mr. Speaker, that amendment is drafted to the bill with the expectation of the adoption of an intervening amendment. So I do not believe that amendment is in order at this time. The SPEAKER. The gentleman is correct.

On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. BENNINGHOFF offered the following amendment No. A04619:

Amend Bill, page 162, lines 16 and 17, by striking out "REMAIN IN THE GENERAL" in line 16 and "FUND" in line 17 and inserting be distributed by the department to the Pennsylvania Higher Education Assistance Agency for use in implementing section 2 of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law. The distribution under this paragraph shall supplement, not supplant, funds appropriated by the Commonwealth under the General Appropriation Act On the question, Will the House agree to the amendment?

AMENDMENT WITHDRAWN The SPEAKER. The gentleman is withdrawing the amendment. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. TURZAI offered the following amendment No. A04921:

Amend Bill, page 2, line 50, by inserting after "TERMINALS" and for Gaming Unit

Amend Bill, page 77, line 30, by inserting after "(23)" , (25)

Amend Bill, page 80, by inserting between lines 8 and 9 * * * [(25) To promulgate regulations pertaining to the

operation of the bureau to insure separation of functions between the bureau and the board. The board shall provide the employees necessary to the bureau for enforcement of this part.] Amend Bill, page 227, line 26, by striking out "A SECTION"

and inserting sections

Amend Bill, page 228, by inserting between lines 17 and 18 § 1524. Gaming Unit.

(a) Findings.–The General Assembly finds that the transfer of the Bureau of Investigations and Enforcement to the Office of Attorney General will serve to provide for an appropriate separation of investigative and enforcement functions from licensing functions. The General Assembly further finds that the transfer of the Bureau of Investigations and Enforcement does not affect the general jurisdiction of the Pennsylvania Gaming Control Board in any way which impairs or otherwise reduces the board's licensing authority.

(b) Legislative intent.–It is the intent of the General Assembly to transfer all of the existing functions and duties of the Bureau of Investigations and Enforcement in the Pennsylvania Gaming Control Board, including the Office of Enforcement Counsel, to the Gaming Unit in the Office of Attorney General. It is the further intent of the General Assembly to completely separate, except as provided under this section, the Gaming Unit in the Office of Attorney General from any regulatory or fiscal control by the Pennsylvania Gaming Control Board.

(c) Gaming Unit.– (1) Notwithstanding section 1202(b)(10) and


(28)(relating to general and specific powers), 1402(a)(4) (relating to gross terminal revenue deductions) or any other provision of this part, there is established within the Office of Attorney General a Gaming Unit. The Attorney General shall select:

(i) A director of the Gaming Unit. (ii) A director of the Office of Enforcement

Counsel transferred to the Gaming Unit by operation of this act. (2) The Gaming Unit shall, in addition to the powers and

duties vested in the Office of Attorney General by this part, also have the powers and duties previously vested in the Bureau of Investigations and Enforcement of the Pennsylvania Gaming Control Board by this part.

(3) The following shall apply: (i) The Attorney General shall assign agents to

supervisory and other capacities in the Gaming Unit as necessary. All other personnel of the Gaming Unit shall be civilians.

(ii) Except as provided in subparagraph (iii), all personnel shall continue in their employment with the unit with the same pay scales, salaries, wages, seniority benefits, pension rights and other incidents of employment.

(iii) The unit director, in consultation with the Attorney General, shall determine which personnel transferred under this subsection shall be retained as unit employees and which personnel transferred under this section shall be replaced within a six-month period after the appointment of the unit director. (4) The following are transferred to the Gaming Unit:

(i) All of the powers, duties and authority previously vested in the Bureau of Investigations and Enforcement of the Pennsylvania Gaming Control Board by this part.

(ii) All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations and other materials which are used, employed or expended by the Pennsylvania Gaming Control Board in connection with the functions transferred by this act to the Gaming Unit as if these contracts, agreements and obligations had been incurred or entered into by the Gaming Unit. (5) The personnel, appropriations, equipment and other

items and material transferred by this subsection shall include an appropriate portion of the general administrative, overhead and supporting personnel, appropriations, equipment and other materials of the Pennsylvania Gaming Control Board.

(6) The following shall apply: (i) Expenses of and related to the Gaming Unit

shall be considered reimbursable expenses under this part.

(ii) The Gaming Unit shall prepare and annually submit an itemized budget in accordance with section 1402.1 (relating to itemized budget reporting). (7) Any gaming enforcement office or unit existing

within the Office of Attorney General on the effective date of this subsection shall be absorbed by the Gaming Unit.

On the question, Will the House agree to the amendment?


The SPEAKER. On the amendment, the Chair recognizes the gentleman from Allegheny County, Representative Turzai. Mr. TURZAI. Yes, sir. May I have a parliamentary inquiry, sir?

The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. TURZAI. Sir, if there is an omnibus amendment that changes or essentially guts and replaces – I am using that in the colloquial term that we often use it – the substantive SB 711, if this amendment were voted on now, would that negate the opportunity to— I have it filed both to the underlying bill and to certain omnibus amendments. If that would be voted on now and was voted down, would that negate the opportunity to utilize one of the amendments to the omnibus amendments at a future vote, today or another day? The SPEAKER. Yes, it would.

AMENDMENT WITHDRAWN Mr. TURZAI. Okay. Then at this time I would withdraw the amendment, given the fact that I understand that there is going to be an omnibus amendment being offered at a later point. The SPEAKER. The Chair thanks the gentleman. Mr. TURZAI. Thank you.

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the minority whip, who requests a leave of absence for the gentleman from Northampton County, Representative DALLY, for the remainder of the day. Without objection, the leave will be granted.


On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. BARRAR offered the following amendment No. A04985:

Amend Bill, page 2, line 47, by striking out "AND" and inserting a comma

Amend Bill, page 2, line 48, by inserting after "TRANSACTIONS"

and for tax on liquor and malt and brewed beverages at licensed facilities

Amend Bill, page 227, by inserting between lines 17 and 18 § 1521.1. Tax on liquor and malt and brewed beverages at licensed

facilities. (a) Imposition.–

(1) There is imposed upon each separate sale at retail of liquor and malt and brewed beverages as defined in the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, by a slot machine licensee, who is also licensed to sell liquor or malt or brewed beverages under the Liquor Code within and outside the licensed facility, a tax of 5% of the sale price.

(2) The tax shall not apply to liquor or malt or brewed beverages provided by a slot machine licensee to patrons without consideration. (b) Collection.–The tax imposed under subsection (a) shall be

collected by the slot machine licensee from the purchaser and shall be paid over to the Commonwealth. The department shall promulgate regulations relating to the collection of the tax.

(c) Use of revenues.–All revenues from the tax imposed under subsection (a) shall be deposited into a special fund within the State


Treasury. Revenue shall be distributed each fiscal year beginning July 1 as follows:

(1) Not more than $20,000,000 from the special fund shall be distributed to the Department of Community and Economic Development, which shall use it for the following purposes:

(i) Tourism marketing and promotion activities to increase business, leisure and convention visitation to this Commonwealth.

(ii) Grants to tourism promotion agencies and regional marketing partnerships under the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act. (2) The remainder shall be transferred to the General

Fund. On the question, Will the House agree to the amendment?

AMENDMENT WITHDRAWN The SPEAKER. The gentleman is withdrawing the amendment. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. CONKLIN offered the following amendment No. A04758:

Amend Bill, page 147, line 14, by striking out all of said line and inserting

TABLE GAME OPERATIONS Amend Bill, page 147, by inserting between lines 25 and 26

1329.2A. Card game contests. Amend Bill, page 159, by inserting between lines 9 and 10

§ 1329.2A. Card game contests. (a) Limit.–The maximum cash value which may be awarded for

any single card game in a card game contest shall be $500. (b) Special permits issuance and fee.–

(1) A licensing authority shall issue a special permit for each card game contest which a certificate holder proposes to conduct.

(2) A licensing authority may establish and collect a fee not to exceed $25 for the issuance of special permits under this section. (c) Permit application.–Each application submitted for a special

permit under subsection (b) shall specify the location where the card game contest will be conducted, the number of persons to be admitted for the card game contest and the house rules to be used.

(d) Definitions.–As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Card game contest." A card game that is conducted with multiple rounds of play of a specified number of hands for each round and completed within a period not to exceed 24 hours, in which:

(1) A player's bet must stay within the minimum and maximum bet allowed at the table.

(2) A player is eliminated from the card game if: (i) the player loses all of the player's chips; (ii) the player does not have enough chips to

meet the required minimum bet; or (iii) the player has the fewest chips after a

certain number of hands are played. (3) The winner of the card game is:

(i) the last player at the table; or (ii) the player with the most chips after a certain

specified number of rounds are played. "Licensing authority." The county treasurer, or in any home

rule county or city of the first class where there is no elected treasurer, the designee of the governing authority. On the question, Will the House agree to the amendment?

AMENDMENT WITHDRAWN The SPEAKER. On the amendment, the Chair recognizes the gentleman from Centre County, Representative Conklin. Mr. CONKLIN. Mr. Speaker, I have talked to the folks, and what this amendment would do, it would give our volunteer fire companies the opportunity to be able to hold Texas hold 'em tournaments to help to raise money. But after talking to some folks, I understand that Representative Pallone, myself, and a few others have a bill that would be much cleaner than this amendment would be. So I am going to waive off at this time and wait for that bill to come up. Thank you, sir. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. BARBIN offered the following amendment No. A04766:

Amend Bill, page 162, line 14, by striking out "37%" and inserting

15% Amend Bill, page 162, line 16, by striking out "THIRTY-FOUR"

and inserting Twelve

Amend Bill, page 162, lines 18 through 21, by striking out all of said lines and inserting

(2) Three percent shall be distributed by the department to the Pennsylvania State Police to hire and maintain a strike force of 50 Pennsylvania State Police troopers moving every two months en masse throughout this Commonwealth municipality by municipality, beginning with the smallest distressed municipality to the largest distressed municipality to reduce gang violence, gun trafficking and other violence and drug-related crimes. While the Pennsylvania State Police troopers are assigned to each distressed municipality every effort shall be made to quarter the strike force in vacant public housing apartments located within the distressed municipality.


AMENDMENT WITHDRAWN The SPEAKER. On the question, the Chair recognizes the gentleman from Cambria County, Representative Barbin. Mr. BARBIN. Mr. Speaker, I, too, will be withdrawing this amendment. This amendment would provide 50 State troopers to move throughout the municipalities, the Act 47 municipalities, throughout the State, to provide needed police protection. But in the interest of moving the gaming bill forward and providing funding for our four State-related universities,


I will be withdrawing this amendment to submit it as a separate bill. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The Chair recognizes the gentleman from Westmoreland County, Representative Pallone, who offers amendment A04883. Mr. PALLONE. Thank you, Mr. Speaker. I believe there are two amendments. I will be withdrawing both. Both of these amendments dealt with enabling the community colleges to be able to provide training programs for the casinos, for dealers and other employees, and I am led to believe through meetings with leadership and counsel that those provisions are already in the bill in chief and these amendments would be unnecessary. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Washington County, Representative Solobay, who offers amendment— It is the Chair's understanding that the gentleman is withdrawing the amendment? The Chair recognizes the gentleman from Washington County, Representative Solobay. Mr. SOLOBAY. Thank you, Mr. Speaker. That is correct. I will be withdrawing the amendment. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentlelady from Philadelphia County, Representative Brown. The gentlelady is waiving off, withdrawing the amendment. The Chair thanks the gentlelady. The Chair recognizes the gentleman from Beaver County, Representative Matzie. The gentleman is withdrawing his amendment. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. M. O'BRIEN offered the following amendment No. A04960:

Amend Bill, page 98, lines 25 through 30; page 99, lines 1 through 4, by striking out all of said lines on said pages and inserting

(a) Initial complement.–Except as provided for Category 3 slot machine licensees under section 1305 (relating to Category 3 slot machine license), [all] the following apply:

(1) All slot machine licensees shall be permitted to operate up to 3,000 slot machines at any one licensed facility [and].

(2) Each slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at [any one] its licensed facility within one year of the issuance by the board of a slot machine license [unless otherwise extended by the] to the slot machine licensee. The board, upon application and for good cause shown, may grant an extension for an additional period not to exceed 24 months.

(3) Upon expiration of the applicable time period under paragraph (2) and at all times thereafter, a slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at its licensed facility.


AMENDMENT WITHDRAWN The SPEAKER. It is the Speaker's understanding that the gentleman is withdrawing the amendment, and the subsequent amendments as well – 4961, 62, and 63. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The Chair recognizes the gentleman from Bucks County, Representative Clymer, who offers amendment A04606. Is the gentleman offering the amendment? The gentleman, Mr. Clymer, the amendment is out of order. It is the same as amendment 4273, which was defeated by the House.


The SPEAKER. Does the gentleman, Representative Clymer, have a parliamentary inquiry? Mr. CLYMER. Yes. Mr. Speaker, the one that was defeated was a monthly statement, and if you look on my amendment, you will see it is a quarterly statement, and it adds other language as well. The SPEAKER. The gentleman is correct. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. CLYMER offered the following amendment No. A04606:

Amend Bill, page 153, by inserting between lines 12 and 13 (18) Require that each licensed gaming entity remit

quarterly statements to patrons with a total rewards card that tracks the amount of money and time spent gaming in order to determine the value of provisions or complimentary services to its patrons. The quarterly statement shall include the patron's winnings and losses. The statement shall not include any identifying information, other than the patron's name and address for purposes of mailing. Licensed gaming entities may remit this statement to the patron via electronic mail.

On the question, Will the House agree to the amendment? The SPEAKER. On the amendment, the Chair recognizes the gentleman from Bucks County, Representative Clymer.


Mr. CLYMER. Thank you, Mr. Speaker. Mr. Speaker, it seems to me that with all the sophistication that casinos have today, even the slot machines that cost $15,000 to $20,000 apiece, and their ability to make contact with those certain individuals whom they provide perks with, that they certainly have the ability to make quarterly statements to those individuals who are receiving what we call perks or special consideration. Mr. Speaker, if they can send out that information and tell them that they have a three-night stay at the casino or that they just want a television or they have limousine service from the airport to the casino, if they are able to make that contact with these individuals, they certainly have the ability to make these quarterly statements. And, Mr. Speaker, the interesting thing here is that we have discussed about the need for families to be advised if there is losing, if the gamblers who are in there are losing more money than they can afford. I mean, is it not in our interest as legislators to make certain that the family members are aware that a husband or a wife or a grandmother or a grandfather has lost enormous amounts of money, or maybe they won money. In any event, that statement should be there so that they can make some assessment. Why should we wait until that individual puts themselves on the exclusion list or has to call the Pennsylvania hotline? You know, we have over 1,000 individuals already on the exclusion list, which should send a message, a red flag, that something is missing here. There is no protection for the consumer – none whatsoever. You may hear the debate saying, well, we got these hotlines that they can call if they are having a gambling problem. We know that for the most part, that is quite ineffective. What we need are these monthly statements. We need these monthly statements so that the families can be identified whereby the gambling partner is way over their head. And as I said, they may be winning as well. But this is innovative. This would be important, a step as we deal with some of our social problems, because we know that dysfunctional families are a part of the gambling process. You may talk about jobs, you may talk about revenues, but when you mention those, you have to realize that dysfunctional families, divorces, bankruptcies, are a part of the casino as well. So, Mr. Speaker, I ask that the members support this amendment and that we provide quarterly statements for those patrons of Pennsylvania casinos. Thank you. The SPEAKER. On the question, the Chair recognizes the gentleman from Venango County, Representative Hutchinson. Mr. HUTCHINSON. Thank you, Mr. Speaker. I rise in favor of the Clymer amendment. Mr. Speaker, I believe that whether you are in favor of gambling, you support gambling, or for those of us who are against expanded gambling, I think there is a recognition that there is a problem with some individuals with compulsive gambling, and that recognition comes in the form of the hotline, which was set up because those who supported gambling know that there is going to be a problem, and it is also in the form of money which is set aside presumably to help compulsive gamblers. But, Mr. Speaker, I think that we as a State should try as best we can to take a proactive step before people become compulsive gamblers or before that action of compulsive gambling has a major impact on families and children across the State.

One way that we can stop the problem before it occurs, one simple way, I believe, is to have these regular statements sent out to those who are already getting statements from the casinos anyway. This would be a red flag, as it were, before somebody gets in too deep. And if they want and their families want to ignore those, I guess there is nothing we can do about that. But at the very least, we should try to get this information on gambling winnings and losings into the hands of those who are affected by it. And the monthly statement, which is no burden whatsoever on the gambling industry, is one way for us as a State to try and reach out in a preventative manner to help some families who may be negatively impacted by compulsive gambling. So, Mr. Speaker, I think this is a commonsense initiative. I think it is a preventative initiative. I think it is no burden on the casino industry, and therefore, I ask my colleagues, both those who are for expanded gambling and those who are against it, to vote in favor of this commonsense amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, we defeated this amendment back on October 5, and I am asking for the members to defeat it again. Mr. Speaker, this amendment is not necessary because licensed facilities already have the opportunity to remit such statements to their patrons. We should not be telling them what to do. They can do that if they so choose. Also, Mr. Speaker, this amendment is poorly drafted in that it requires that the win-loss statement be sent to each patron each quarter regardless of whether there was any player activity on that statement or during that quarter. Mr. Speaker, the amendment also fails to provide for the quarterly statement requirements to end. For example, if the player's account is inactive for a specific period of time, there is nothing that says it has to stop. If the player dies, Mr. Speaker, there is nothing in the amendment that says that you have to stop sending the statement. So, Mr. Speaker, it is an additional unnecessary cost. I do not think we should be telling private industry what to do when it is already available if they so choose. I would ask for the amendment to be defeated. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Bucks County, Representative Clymer. Mr. CLYMER. Thank you, Mr. Speaker. Mr. Speaker, over the years that I have been involved with the gambling issue, we have had opportunities on a number of occasions to speak to addicted gamblers, those who were in recovery, and one of the things that they shared with us was the burden, the sorrow, the pain that was placed on the family when they spent the money and they wished that they were to stop sooner. They had the desire that someone could have interdicted and advised the family that they were losing the mortgage money, that they were losing the insurance money, the college money, because there is an enormous amount of pain that is placed on the family. We debated about the children. So you heard a few moments ago that this is not necessary, that there are so many problems with it. I tell you that if we do


not strengthen our families who are primary in building strong community neighborhoods, what direction do we expect our country to go? Continue to spend more money? Have more committees to sort out problems? This will help solve a very serious problem within the gaming industry. And of course the casinos do not want it because, ah, you know, they are going to just get more money from those who come in. So of course they are going to be opposed to it. Again I ask for support for the quarterly statement. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Delaware County, Representative Vitali. Mr. VITALI. Thank you, Mr. Speaker. Will the maker of the amendment stand for brief interrogation? The SPEAKER. The gentleman, Representative Clymer, indicates he will stand for interrogation. The gentleman, Mr. Vitali, is in order and may proceed. Mr. VITALI. Do any other States do this, sir? Mr. CLYMER. Mr. Speaker, as I said in my opening remarks, we would be the first State to do this. Other States have it under consideration because of the work of a former addicted gambler from Philadelphia who is contacting other States, and he has made some very good connections. But no State has actually voted this bill. Pennsylvania, to its credit, would be the first State. Mr. VITALI. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)

LEAVES OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Allegheny County, Representative Turzai, who requests the following leaves of absence for: Representative DELOZIER from Cumberland County for the day; Representative SCHRODER from Chester County for the day. Without objection, the leaves will be granted.


On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–88 Adolph Gabig Marsico Rapp Baker Gabler Metcalfe Reed Barrar Geist Metzgar Reese Bear Gillespie Miller Reichley Benninghoff Gingrich Milne Roae Boback Godshall Mirabito Rock Boyd Grell Moul Rohrer Brooks Grove Murt Ross Christiana Harhart Mustio Samuelson

Clymer Harper O'Brien, D. Saylor Cox Harris O'Brien, M. Scavello Creighton Hennessey O'Neill Sonney Cutler Hess Oberlander Stern Day Hutchinson Payne Stevenson Denlinger Kauffman Payton Swanger DiGirolamo Keller, M.K. Peifer Tallman Evans, J. Killion Perzel True Everett Knowles Phillips Turzai Fairchild Krieger Pickett Vereb Farry Maher Pyle Vitali Fleck Major Quigley Vulakovich Freeman Marshall Quinn Watson NAYS–102 Barbin Donatucci Kula Sabatina Belfanti Drucker Lentz Sainato Bishop Eachus Levdansky Santarsiero Boyle Ellis Longietti Santoni Bradford Evans, D. Mahoney Seip Brennan Fabrizio Manderino Shapiro Briggs Frankel Mann Siptroth Brown Galloway Markosek Smith, K. Burns George Matzie Smith, M. Buxton Gerber McGeehan Solobay Caltagirone Gergely McI. Smith Staback Carroll Gibbons Melio Sturla Casorio Goodman Micozzie Taylor, R. Causer Grucela Millard Thomas Cohen Haluska Mundy Wagner Conklin Hanna Murphy Walko Costa, D. Harhai Myers Wansacz Costa, P. Harkins Oliver Waters Cruz Houghton Pallone Wheatley Curry Johnson Parker White Daley Josephs Pashinski Williams Deasy Keller, W. Petrarca Youngblood DeLuca Kessler Petri Yudichak DePasquale Kirkland Preston Dermody Kortz Readshaw McCall, DeWeese Kotik Roebuck Speaker NOT VOTING–0 EXCUSED–12 Beyer Delozier Hornaman Schroder Civera Helm Miccarelli Smith, S. Dally Hickernell Perry Taylor, J. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. BRADFORD offered the following amendment No. A04834:

Amend Bill, page 162, line 11, by striking out "EACH" and inserting

Except as provided under subsection (a.1), each Amend Bill, page 162, by inserting between lines 21 and 22 (a.1) Distribution.–Beginning two years after the effective date

of this section, the tax under subsection (a) shall be deposited into the Property tax Relief Fund and distributed in accordance with section 1409 (relating to Property Tax Relief Fund).


Amend Bill, page 164, line 30, by striking out "(RELATING TO PROPERTY TAX RELIEF FUND)" On the question, Will the House agree to the amendment? The SPEAKER. On the question, the Chair recognizes the gentleman from Montgomery County, Representative Bradford. Mr. BRADFORD. This amendment, after 2 years, would require that all funds raised from table games would go into the Property Tax Relief Fund. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Bucks County, Representative Clymer. Mr. CLYMER. Mr. Speaker, this amendment that would take the tax on table games and put it into the Property Tax Relief Fund is one that I support, and I will tell you why. At the very inception, when we began to talk about having casinos, property tax was the issue. That was the leading issue. In addition to saving the agricultural industry and the horse racing industry, how would the money be used? It was property tax. And of course they promised 30 to 35 percent property tax reduction, which never occurred. But the gentleman is on the right track. This is the reason that we legalized casino gambling, that we have these up to 61,000 slot machines that we could put across Pennsylvania. It was for property tax relief. And I believe it was Act 72 that we passed today, after we passed Act 71 to legalize property taxes. And one of the speakers earlier in the day said the money should go into property tax relief. I think it was the leader from Greene County. So we have his support as well. So this is a bipartisan support effort, and I certainly would ask my colleagues to support this amendment. Thank you. On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)

VOTE STRICKEN The SPEAKER. The clerk will strike the vote. The Chair recognizes the gentleman from Lehigh County, Representative Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. May I ask the gentleman from Montgomery just a couple of quick questions? The SPEAKER. The gentleman, Representative Bradford, indicates he will stand for interrogation. The gentleman, Mr. Reichley, is in order and may proceed. Mr. REICHLEY. Thank you, Mr. Speaker. Mr. Speaker, does the gentleman acknowledge that if his amendment is adopted, that the subsequent adoption of the Eachus/Santoni amendment would render his amendment out of order? Mr. BRADFORD. Obviously, that calls for a hypothetical whether that amendment would be passed. Mr. REICHLEY. Well, do you intend to vote for the Santoni— The SPEAKER. The gentleman will yield. That is an inappropriate question, Mr. Reichley. That would be a point of parliamentary inquiry.

Mr. REICHLEY. Okay. The SPEAKER. The question is the Bradford language, the Bradford amendment. Mr. REICHLEY. All right.


Mr. REICHLEY. Well, may I address the point of parliamentary inquiry then, Mr. Speaker? The SPEAKER. The gentleman will state his point of parliamentary inquiry. Mr. REICHLEY. Mr. Speaker, if the Bradford amendment A04834 is adopted but a subsequent gut-and-replace amendment offered by the gentleman, Mr. Eachus, or the gentleman, Mr. Santoni, is passed, would that not remove this amendment then? The SPEAKER. Again, it would depend on what amendment is offered as a gut and replace, and it is conceivable that that could be the case. Mr. REICHLEY. Okay. Thank you, Mr. Speaker. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–181 Adolph Fairchild Longietti Rapp Baker Farry Maher Readshaw Barbin Fleck Mahoney Reed Barrar Frankel Major Reese Bear Freeman Manderino Reichley Belfanti Gabig Mann Roae Benninghoff Gabler Markosek Rock Bishop Galloway Marshall Roebuck Boback Geist Marsico Rohrer Boyd George Matzie Ross Boyle Gergely McGeehan Sabatina Bradford Gibbons McI. Smith Sainato Brennan Gillespie Melio Samuelson Briggs Gingrich Metcalfe Santarsiero Brooks Godshall Metzgar Santoni Brown Goodman Micozzie Saylor Burns Grell Millard Scavello Buxton Grove Miller Seip Caltagirone Grucela Milne Shapiro Carroll Haluska Mirabito Siptroth Casorio Hanna Moul Smith, K. Causer Harhai Mundy Smith, M. Christiana Harhart Murphy Sonney Clymer Harkins Murt Staback Conklin Harper Mustio Stern Costa, D. Harris Myers Stevenson Costa, P. Hennessey O'Brien, D. Sturla Cox Hess O'Brien, M. Swanger Creighton Houghton O'Neill Tallman Cruz Hutchinson Oberlander Taylor, R. Curry Johnson Pallone Thomas Cutler Josephs Parker True Day Kauffman Pashinski Turzai Deasy Keller, M.K. Payne Vereb DeLuca Keller, W. Payton Vitali Denlinger Kessler Peifer Vulakovich DePasquale Killion Perzel Wagner Dermody Kirkland Petrarca Walko DeWeese Knowles Petri Wansacz DiGirolamo Kortz Phillips Waters Donatucci Kotik Pickett Watson Drucker Krieger Preston White

2500 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Ellis Kula Pyle Williams Evans, J. Lentz Quigley Youngblood Everett Levdansky Quinn Yudichak Fabrizio NAYS–9 Cohen Evans, D. Solobay Daley Gerber Wheatley McCall, Eachus Oliver Speaker NOT VOTING–0 EXCUSED–12 Beyer Delozier Hornaman Schroder Civera Helm Miccarelli Smith, S. Dally Hickernell Perry Taylor, J. The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. MOUL offered the following amendment No. A04604:

Amend Bill, page 162, lines 14 and 15, by striking out "INTO THE GENERAL FUND AND" in line 14 and "DISTRIBUTED" in line 15

Amend Bill, page 162, by inserting between lines 15 and 16 (1) For fiscal years 2010 through 2014, into the General

Fund for distribution as follows: Amend Bill, page 162, line 16, by striking out "(1)" and inserting

(i) Amend Bill, page 162, line 18, by striking out "(2)" and inserting

(ii) Amend Bill, page 162, line 20, by striking out "(3)" and inserting

(iii) Amend Bill, page 162, by inserting between lines 21 and 22

(2) For fiscal year 2015 and each year thereafter, into the Property Tax Relief Fund.

On the question, Will the House agree to the amendment? The SPEAKER. On that question, the Chair recognizes the gentleman from Adams County, Representative Moul. Mr. MOUL. Thank you, Mr. Speaker. I guess what this amendment does is it is going to give you the opportunity to make good on your word. It was in October when we had this serious discussion about gaming, and the majority whip made the comment, as well then as today, several times, that down the road this money needs to go to property tax reform. Right now we need it in the General Fund, but down the road— We only need a couple of years, and then we can put it into property tax reform, which is where it belongs to begin with. We were sold in '04, Act 71, on the premise that it would take care of the equine industry and property tax relief. We are running a bill now that expands on gaming and has nothing to do with property tax relief. Our constituents want property tax relief.

I am doing a compromise here with this amendment, and what my amendment says is that the table games tax goes into effect for the General Fund until 2014. That gives us plenty of time, and I am only asking to hold to the word that was said on this House floor by many of my counterparts. Just for a little while we need this in the General Fund, but after that time is over, it can go to property tax relief. I would like to hold you to your word at this point by offering this amendment. Let us not play a shell game here – no pun intended. Let us get this amendment passed and put this into property tax relief so we know for sure that in the future, it will go there. If we do not pass this amendment, the same thing will happen here as happened to the Johnstown flood tax. If you all remember that, and this was long before my time; I am sure there are a few members here that might remember that, but that tax was put on alcohol to revive and revitalize Johnstown, and this is now 75, 80 years later and it is still on. I want to make sure that in a couple of years, the funding from these table games goes to where its intended purpose was originally set forth to go, and that is to property tax relief. Here is your chance to make it good. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Luzerne County, the majority leader, Representative Eachus. Mr. EACHUS. Mr. Speaker, I know the gentleman is heartfelt in his enthusiasm, but he may just have the sequence of events confused. The gentleman from Montgomery who just offered the previous amendment, which this body passed, would get property tax relief into the fund, if that is what you support, 6 months earlier than the gentleman. Now, we have a bill right now that was passed, that you all voted for, that gets it 6 months. Why would anyone want to delay it? I am asking for a "no" vote, because if you believe in this, and many of the members did, there should not be any delay. Thank you.

AMENDMENT WITHDRAWN The SPEAKER. Is the gentleman withdrawing the amendment? Mr. MOUL. Yes, Mr. Speaker. Thank you. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The Chair recognizes the gentleman from Allegheny County, who is offering an amendment on behalf of Representative Civera? The Chair thanks the gentleman. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. TURZAI (for Mr. CIVERA) offered the following amendment No. A04833:


Amend Bill, page 1, line 27; page 2, lines 1 through 51, by striking out all of said lines on said pages and inserting Amending Titles 4 (Amusements) and 64 (Public Authorities and

Quasi-Public Corporations) of the Pennsylvania Consolidated Statutes, making extensive revisions to provisions on gaming, in the areas of legislative intent, definitions, the Pennsylvania Gaming Control Board, applicability of other statutes, powers of the board, code of conduct, expenses of regulatory agencies, license or permit application hearing process and public hearings, board minutes and records, regulatory authority, collection of fees and fines, slot machine license fee, number of slot machines, reports of board, diversity goals of board, license or permit prohibition, specific authority to suspend slot machine license, Category 2 slot machine license, Category 3 slot machine license, number of slot machine licenses, applications for license or permit, slot machine license application character requirements, supplier licenses, manufacturer licenses, gaming service provider, occupation permit application, alternative manufacturer licensing standards, additional licenses and permits and approval of agreements, license renewals, change in ownership or control of slot machine licensee, nonportability of slot machine license, appointment of trustee, slot machine licensee deposits, gross terminal revenue deductions, itemized budget reporting, establishment of State Gaming Fund and net slot machine revenue distribution, distributions from Pennsylvania Race Horse Development Fund, Pennsylvania Gaming Economic Development and Tourism Fund, transfers from State Gaming Fund, eminent domain authority, compulsive and problem gambling program, drug and alcohol treatment, labor hiring preferences, declaration of exemption from Federal laws prohibiting slot machines, financial and employment interests, additional restrictions, political influence, regulation requiring exclusion of certain persons, prosecutorial and adjudicative functions, investigations and enforcement, conduct of public officials and employees, prohibited acts and penalties, report of suspicious transactions, additional authority, applicability of Clean Indoor Air Act, liquor licenses at licensed facilities, interception of oral communications, electronic funds transfer terminals, junkets; further providing for powers and duties of the Commonwealth Financing Authority; and making related repeals. Amend Bill, page 55, lines 21 through 30; pages 56 through 236,

lines 1 through 30; page 237, lines 1 through 21, by striking out all of said lines on said pages and inserting

Section 1. Section 1102(11) of Title 4 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding paragraphs to read: § 1102. Legislative intent.

The General Assembly recognizes the following public policy purposes and declares that the following objectives of the Commonwealth are to be served by this part:

* * * (10.1) The General Assembly has a compelling interest

in protecting the integrity of both the electoral process and the legislative process by preventing corruption and the appearance of corruption which may arise through permitting any type of political campaign contributions by certain persons involved in the gaming industry and regulated under this part.

(10.2) Banning all types of political campaign contributions by certain persons subject to this part is necessary to prevent corruption and the appearance of corruption, that may arise when political campaign contributions and gaming regulated under this part are intermingled.

(11) It is necessary to maintain the integrity of the regulatory control and legislative oversight over the operation and play of slot machines in this Commonwealth; to [prevent the actual or appearance of corruption that may result from large campaign contributions;] ensure the bipartisan administration of this part; and avoid actions that may erode public confidence in

the system of representative government. (12) (Reserved). (13) The authorization of limited gaming in this

Commonwealth requires the Commonwealth to take steps to increase awareness of compulsive and problem gambling and to develop and implement effective strategies for prevention, assessment and treatment of this behavioral disorder.

(14) Research indicates that for some individuals compulsive and problem gambling and drug and alcohol addiction are related. Therefore, the General Assembly intends to establish an approach to compulsive and problem gambling prevention, assessment and treatment that will ensure the provision of adequate resources to identify, assess and treat both compulsive and problem gambling and drug and alcohol addiction. Section 2. The definitions of "associated equipment," "cheat,"

"conduct of gaming," "conviction," "gaming employee," "gross terminal revenue," "key employee," "licensed facility," "slot machine" and "supplier license" in section 1103 of Title 4 are amended and the section is amended by adding definitions to read: § 1103. Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * * "Associated equipment." Any equipment or mechanical,

electromechanical or electronic contrivance, component or machine used in connection with [gaming] slot machines, including linking devices which connect to progressive slot machines or slot machines, replacement parts, equipment which affects the proper reporting and counting of gross terminal revenue, computerized systems for controlling and monitoring slot machines, including, but not limited to, the central control computer to which all slot machines communicate and devices for weighing or counting money.

* * * "Cash." United States currency and coin. "Cash equivalent." An asset that is readily convertible to cash,

including, but not limited to, any of the following: (1) Chips or tokens. (2) Travelers checks. (3) Foreign currency and coin. (4) Certified checks, cashier's checks and money orders. (5) Personal checks or drafts.

* * * "Cheat." To [alter without authorization] defraud or steal from

any player, slot machine licensee or the Commonwealth while operating or playing a slot machine, including causing, aiding, abetting or conspiring with another person to do so. The term shall also mean to alter or causing, aiding, abetting or conspiring with another person to alter the elements of chance, method of selection or criteria which determine:

(1) The result of a slot machine game. (2) The amount or frequency of payment in a slot

machine game. (3) The value of a wagering instrument. (4) The value of a wagering credit.

The term does not include altering a slot machine or associated equipment for [required] maintenance [and] or repair with the approval of a slot machine licensee.

"Cheating or thieving device." A device used or possessed with the intent to be used to cheat during the operation or play of any slot machine. The term shall also include any device used to alter a slot machine without the slot machine licensee's approval.

* * * "Conduct of gaming." The licensed placement [and], operation

and play of [games of chance] slot machines under this part, as authorized and approved by the Pennsylvania Gaming Control Board [at a licensed facility].


* * * "Conviction." A finding of guilt or a plea of guilty or nolo

contendere, whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction that has been expunged or overturned or for which an individual has been pardoned or had an order of Accelerated Rehabilitative Disposition entered.

* * * "Count room." A secured room at a licensed facility designated

for the counting, wrapping and recording of slot machine receipts. * * * "Executive-level public employee." The term shall include the

following: (1) Deputy Secretaries of the Commonwealth and the

Governor's Office executive staff. (2) An employee of the executive branch whose duties

substantially involve licensing or enforcement under this part, who has discretionary power which may affect or influence the outcome of a Commonwealth agency's action or decision or who is involved in the development of regulations or policies relating to a licensed entity. The term shall include an employee with law enforcement authority.

(3) An employee of a county or municipality with discretionary powers which may affect or influence the outcome of the county's or municipality's action or decision related to this part or who is involved in the development of law, regulation or policy relating to matters regulated under this part. The term shall include an employee with law enforcement authority.

(4) An employee of a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may affect or influence the outcome of the governmental body's action or decision related to this part or who is involved in the development of regulation or policy relating to matters regulated under this part. The term shall include an employee with law enforcement authority. * * * "Gaming employee." Any employee of a slot machine licensee,

including, but not limited to: (1) Cashiers. (2) Change personnel. (3) [Counting] Count room personnel. (4) Slot attendants. (5) Hosts or other [persons] individuals authorized to

extend complimentary services, including employees performing functions similar to those performed by a gaming junket representative.

(6) Machine mechanics or computer machine technicians.

(7) Security personnel. (8) Surveillance personnel. (9) Supervisors and managers.

The term [includes] shall include employees of a person holding a supplier's license whose duties are directly involved with the repair or distribution of slot machines and associated equipment sold or provided to [the] a licensed facility within this Commonwealth as determined by the Pennsylvania Gaming Control Board. The term does not include bartenders, cocktail servers or other persons engaged solely in preparing or serving food or beverages, clerical or secretarial personnel, parking attendants, janitorial, stage, sound and light technicians and other nongaming personnel as determined by the board.

"Gaming junket." A gaming arrangement made by a gaming junket enterprise or a gaming junket representative for an individual who:

(1) Is selected or approved for participation in the arrangement based on the individual's ability to satisfy specific financial qualifications and the likelihood that the individual will participate in playing slot machines and patronize a licensed

facility for the purpose of gaming. (2) Receives complimentary services or gifts from a slot

machine licensee for participation in the arrangement including the costs of transportation, food, lodging or entertainment. "Gaming junket enterprise." A person, other than a slot machine

licensee, who employs or otherwise engages the services of a gaming junket representative to arrange gaming junkets to a licensed facility, regardless of whether the activities of the person or the gaming junket representative occur within this Commonwealth.

"Gaming junket representative." An individual, other than an employee of a slot machine licensee, who arranges and negotiates the terms of a gaming junket or selects individuals to participate in a gaming junket to a licensed facility, regardless of whether the activities of the individual occur within this Commonwealth.

"Gaming service provider." A person that is not required to be licensed as a manufacturer, supplier, management company or gaming junket enterprise and:

(1) provides goods or services to a slot machine licensee or an applicant for a slot machine license for use in the operation of a licensed facility; or

(2) provides goods or services at a licensed facility. "Gross terminal revenue." The total of cash or cash equivalent

wagers received by a slot machine minus the total of: (1) Cash or cash equivalents paid out to [patrons]

players as a result of playing a slot machine [which are paid to patrons either manually], whether paid manually or or paid out by the slot machine.

(2) Cash or cash equivalents paid to purchase annuities to fund prizes payable to [patrons] players over a period of time as a result of playing a slot machine.

(3) Any personal property distributed to a [patron as the] player as a result of playing a slot machine. This does not include travel expenses, food, refreshments, lodging or services.

(4) Cash received as entry fees for slot machine contests or tournaments in which players compete for prizes.

The term does not include counterfeit [money] cash or tokens[,]; coins or currency of other countries [which are] received in slot machines, except to the extent that [they] the coins or currency are readily convertible to [United States currency,] cash; or cash taken in a fraudulent [acts] act perpetrated against a slot machine licensee for which the licensee is not reimbursed [or cash received as entry fees for contests or tournaments in which the patrons compete for prizes].

* * * "Key employee." Any individual who is employed in a director

or department head capacity and who is empowered to make discretionary decisions that regulate slot machine operations, including the general manager and assistant manager of the licensed facility, director of slot operations, director of cage and/or credit operations, director of surveillance, director of marketing, director of management information systems, director of security, comptroller and any employee who is not otherwise designated as a gaming employee and who supervises the operations of these departments or to whom these department directors or department heads report and such other positions not otherwise designated or defined under this part which the Pennsylvania Gaming Control Board shall determine based on detailed analyses of job descriptions as provided in the internal controls of the licensee as approved by the Pennsylvania Gaming Control Board. All other gaming employees unless otherwise designated by the Pennsylvania Gaming Control Board shall be classified as non-key employees.

"Law enforcement authority." The power to conduct investigations of or to make arrests for criminal offenses.

* * * "Licensed entity representative." A person, including an attorney,

agent or lobbyist, acting on behalf of or authorized to represent the interest of any applicant, licensee, permittee or other person authorized by the Pennsylvania Gaming Control Board to engage in any act or activity which is regulated under the provisions of this part regarding


any matter before, or which may reasonably be expected to come before, the Pennsylvania Gaming Control Board.

"Licensed facility." The physical land-based location at which a licensed gaming entity is authorized to place and operate slot machines. The term includes any:

(1) area of a licensed racetrack authorized pursuant to section 1207(17) (relating to regulatory authority of board) to operate slot machines; and

(2) board-approved interim facility or temporary facility. * * * "Municipal authority." A body politic and corporate created

under the former act of June 28, 1935 (P.L.463, No.191), known as the Municipality Authorities Act of one thousand nine hundred and thirty-five, the former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945, the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law or 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

* * * "Party." The Bureau of Investigations and Enforcement of the

Pennsylvania Gaming Control Board or any applicant, licensee, permittee, registrant or other person appearing of record in any proceeding before the Pennsylvania Gaming Control Board.

* * * "Player." An individual wagering cash, cash equivalent or other

thing of value in the play or operation of a slot machine, including during a contest or tournament, the play or operation of which may deliver or entitle the individual playing or operating the slot machine to receive cash, cash equivalent or other thing of value from another player or a slot machine licensee.

* * * "Slot machine." Any mechanical [or], electrical or computerized

contrivance, terminal, machine or other device approved by the Pennsylvania Gaming Control Board which, upon insertion of a coin, bill, ticket, token or similar object therein or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tickets, tokens or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. A slot machine:

(1) May utilize spinning reels or video displays or both. (2) May or may not dispense coins, tickets or tokens to

winning patrons. (3) May use an electronic credit system for receiving

wagers and making payouts. The term shall include associated equipment necessary to conduct the operation of the contrivance, terminal, machine or other device.

* * * "Supplier license." A license issued by the Pennsylvania Gaming

Control Board authorizing a supplier to provide products or services related to slot machines or associated equipment to slot machine licensees for use in this Commonwealth for gaming purposes.

* * * "Suspicious transaction." The acceptance or redemption by a

person of cash or a cash equivalent involving or aggregating $5,000 or more which a slot machine licensee or employee of a slot machine licensee knows, suspects or has reason to believe:

(1) involves funds derived from illegal activities or is intended or conducted in order to conceal or disguise funds or assets derived from illegal activities;

(2) is part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under the laws or regulations of this Commonwealth or the United States, including a plan to structure a series of transactions to avoid any transaction reporting requirement under

the laws or regulations of this Commonwealth or the United States; or

(3) has no lawful business or other apparent lawful purpose or is not the type of transaction in which a person would normally be expected to engage and the slot machine licensee or employee knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction. "Trustee." A person appointed by the Pennsylvania Gaming

Control Board under section 1332 (relating to appointment of trustee) to manage and control the operations of a licensed facility and who has the fiduciary responsibility to make decisions to preserve the viability of a licensed facility and the integrity of gaming in this Commonwealth.

* * * Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), (13), (14)

and (15) and (k) of Title 4 are amended, subsection (h) is amended by adding paragraphs and the section is amended by adding a subsection to read: § 1201. Pennsylvania Gaming Control Board established.

* * * (f) Qualified majority vote.–

* * * (3) Notwithstanding any other provision of this part or

65 Pa.C.S. § 1103(j) (relating to restricted activities), a member shall disclose the nature of his disqualifying interest, disqualify himself and abstain from voting in a hearing or proceeding under this part in which his objectivity, impartiality, integrity or independence of judgment may be reasonably questioned, as provided in subsection (h)(6) or section 1202.1(c)(3) (relating to code of conduct). If a legislative appointee has disqualified himself, the qualified majority shall consist of all of the remaining legislative appointees and at least two gubernatorial appointees. * * * (h) Qualifications and restrictions.–

* * * (4.1) No member shall engage in any business,

employment or vocation for which the member receives a salary, compensation or fee for services rendered which is in excess of 15% of the member's gross annual salary as a member of the board. For purposes of this paragraph, the terms "salary," "compensation" and "fee" do not include any of the following:

(i) Passive or unearned income, including interest, dividends or capital gains from the sale of assets or securities held for investment purposes.

(ii) Health care benefits or retirement, pension or annuity payments.

(iii) Amounts received from a family-controlled trade or business in which both personal services and capital are income-producing factors, provided that the personal services actually rendered by the member do not generate a significant amount of income.

(iv) Director's fees attributable to board membership of a corporate or nonprofit body or board or reimbursement for expenses incurred in connection with board membership. (5) No member shall be paid or receive any fee or other

compensation for any activity related to the duties or authority of the board other than salary and expenses provided by law [for any activity related to the duties or authority of the board. Nothing in this part shall prohibit a member from engaging in any employment or receiving any compensation for such employment that is not connected to or incompatible with his service as a member of the board].

* * * (7.1) Prior to being sworn as a member, an appointee

and his immediate family shall divest any financial interest in


any applicant, licensed facility or licensed entity and in an affiliate, intermediary, subsidiary or holding company thereof owned or held by the appointee or known to be held by the appointee's immediate family. For the duration of the member's term and for [one year] two years thereafter, the member and the member's immediate family may not acquire a financial interest in any applicant, licensed facility or licensed entity or in an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant, licensed facility or licensed entity. For purposes of this paragraph, the term "immediate family" shall mean spouse and any minor or unemancipated child.

* * * (10) No former member may appear before the board in

any hearing or proceeding or participate in any other activity on behalf of any applicant, licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant or licensed entity, or any other licensee or permittee, for a period of two years from the termination of term of office.

(11) No member, employee of the board or independent contractor [of the board] shall accept a complimentary service, wager or be paid any prize from any wager at any licensed facility within this Commonwealth or at any other facility outside this Commonwealth which is owned or operated by a licensed gaming entity or any of its affiliates, intermediaries, subsidiaries or holding companies [thereof] for the duration of their term of office, employment or contract with the board and for a period of one year from the termination of term of office, employment or contract with the board. The provisions of this paragraph prohibiting wagering during the term of employment shall not apply to employees [who utilize] or independent contractors while utilizing slot machines for testing purposes or [to verify] while verifying the performance of a slot machine as part of an enforcement investigation.

* * * (13) No employee of the board [or individual employed

by an independent contractor of the board] whose duties substantially involve licensing[,] or enforcement [or], the development [or adoption] of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part, including the executive director, bureau directors and attorneys, shall do any of the following:

(i) [accept] Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant or licensed entity, for a period of [one year after] two years following the termination of [the] employment [relating to the conduct of gaming or contract with the board; or].

(ii) [appear] Appear before the board in any hearing or proceeding or participate in any other activity on behalf of any applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant, licensee or licensed entity, for a period of two years after termination of [the] employment [or contract with the board].

As a condition of employment, an individual subject to this paragraph shall sign an affidavit that the individual will not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years following the termination of employment. If an employee of the board refuses or otherwise fails to sign the affidavit, the board shall terminate the employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, shall not employ or retain an individual who signed an affidavit required by this

paragraph until the expiration of the two-year period required by this paragraph for the acceptance of employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this paragraph shall terminate the employment of the individual and be subject to a penalty under section 1518(c) (relating to prohibited acts; penalties).

(13.1) No independent contractor or employee of an independent contractor whose duties substantially involve consultation relating to licensing, enforcement or the development or adoption of regulations or policy related to gaming under this part shall:

(i) Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of one year after the termination of the contract with the board.

(ii) Appear before the board in any hearing or proceeding or participate in any other activity on behalf of an applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant, licensee or licensed entity, for a period of two years after termination of employment with the independent contractor or termination of the contract with the board.

Each contract between the board and an independent contractor shall contain a provision requiring the independent contractor and each employee of the independent contractor subject to this paragraph to sign an affidavit to not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of one year following the termination of the contract with the board or one year following termination of employment with the independent contractor, as the case may be. If an independent contractor or an employee of an independent contractor refuses or otherwise fails to sign the affidavit, the board shall terminate the contract. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, shall not employ or retain an individual who signed an affidavit required by this paragraph until the expiration of the one-year period required by this paragraph for the acceptance of employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this paragraph shall terminate the employment of the individual and be subject to a penalty under section 1518(c).

(13.2) Nothing under paragraph (13) or (13.1) shall prevent a current or former employee of the board, a current or former independent contractor or a current or former employee of an independent contractor from appearing before the board in any hearing or proceeding as a witness or testifying as to any fact or information.

(14) [Upon the written request of an employee of the board, the executive branch of the Commonwealth or a political subdivision or of the agency or political subdivision employing an employee, the State Ethics Commission shall determine whether the individual's duties substantially involve the development or adoption of regulations or policy, licensing or enforcement under this part and shall provide a written determination to the employee to include any prohibition under this paragraph. An individual who] The State Ethics Commission shall issue a written determination of whether a person is subject to paragraph (13) or (13.1) upon the written request of the person or the person's employer or potential employer. A person that relies in good faith on a determination issued under this paragraph shall not be subject to any penalty for an action taken,


provided that all material facts set forth in the request for [a] the determination are correct.

(14.1) The State Ethics Commission shall publish a list of all employment positions within the board and employment positions within independent contractors whose duties would subject the individuals in those positions to the provisions of paragraphs (13) and (13.1). The board and each independent contractor shall assist the State Ethics Commission in the development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially and posted by the board on the board's Internet website. Upon request, employees of the board and each independent contractor shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon an individual who fails to cooperate with the State Ethics Commission under this paragraph. An individual who relies in good faith on the list published by the State Ethics Commission shall not be subject to any penalty for a violation of paragraph (13) or (13.1).

(15) If a member[, employee or independent contractor] of the board violates any provision of this section, the appointing authority [or the board may, upon notice and hearing,] may remove the person from the board[, withdraw the appointment or terminate the employment or contract, and the person shall be ineligible for future appointment, employment or contract with the board and for approval of a license or permit under this part for a period of two years thereafter]. A member removed under this paragraph shall, for a period of five years following removal, be prohibited from future appointment to the board and shall be prohibited from applying for a license, permit or other authorization under this part and from becoming an independent contractor or registering as a licensed entity representative. * * * (k) Appointments.–The appointing authorities shall make their

initial appointments within 60 days of the effective date of this part. Appointments to fill a vacancy shall be made within 60 days of the creation of the vacancy. No appointment shall be final until receipt by the appointing authority of the required background investigation of the appointee by the Pennsylvania State Police which shall be completed within 30 days. No person who has been convicted in any domestic or foreign jurisdiction of a felony, infamous crime or gaming offense shall be appointed to the board.

* * * (m.1) Budgetary impasse.–If, in the event of a budgetary or

other fiscal crisis, the Governor orders the furlough of Commonwealth employees, the board and its employees and all employees of the department and the Pennsylvania State Police whose duties involve the regulation and oversight of gaming under this part shall not be subject to furlough and shall continue to perform their duties of employment.

* * * Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to read:

§ 1201.1. Applicability of other statutes. (a) General rule.–The following acts shall apply to the board:

(1) The act of [June 21, 1957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

* * * Section 4. Section 1202(a)(1) and (2) and (b)(7), (20) and (23) of

Title 4 are amended and subsection (b) is amended by adding paragraphs to read: § 1202. General and specific powers.

(a) General powers.– (1) The board shall have general and sole regulatory

authority over the conduct of gaming or related activities as described in this part. The board shall ensure the integrity of the acquisition and operation of slot machines and associated equipment and shall have sole regulatory authority over every

aspect of the authorization [and], operation and play of slot machines.

(2) The board shall employ individuals as necessary to carry out the powers and duties of the board, who shall serve at the board's pleasure. An employee of the board shall be considered a State employee for purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers). For the purposes of this paragraph, the board shall not be considered an executive or independent agency under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. The board shall not take final action to fill any vacancy in the position of executive director of the board, director of the bureau, chief counsel of the board or director of the Office of Enforcement Counsel until receipt and review of the results of the individual's background investigation under section 1517(c)(1.1) (relating to investigations and enforcement).

* * * (b) Specific powers.–The board shall have the specific power

and duty: * * * (7) To administer oaths, examine witnesses and issue

subpoenas compelling the attendance of witnesses or the production of documents and records or other evidence[. The provisions of this paragraph shall apply to designated officers and employees.], or to designate officers or employees to perform these duties.

* * * (20) In addition to the power of the board regarding

license and permit applicants, to determine at its discretion the suitability of any person who furnishes or seeks to furnish to a slot machine licensee directly or indirectly any goods, services or property related to slot machines or associated equipment or through any arrangements under which that person receives payment based directly or indirectly on earnings, profits or receipts from the slot machines and associated equipment. The board may require any such person to comply with the requirements of this part and the regulations of the board and may prohibit the person from furnishing the services or property.

* * * (23) The board shall not approve an application for or

issue or renew a license, certificate, registration or permit unless it is satisfied that the applicant has demonstrated by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is a person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest or the effective regulation and control of slot machine operations or create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of slot machine operations or the carrying on of the business and financial arrangements incidental thereto.

* * * ((31) To collect and post information on its Internet

website with sufficient detail to inform the public of each person with a controlling interest or ownership interest in an applicant for a slot machine license or a licensed gaming entity, or affiliate, intermediary, subsidiary or holding company of an applicant or licensed gaming entity. The posting shall include:

(i) If the applicant or licensed gaming entity, or any affiliate, intermediary, subsidiary or holding company of the applicant or licensed gaming entity, is a publicly traded domestic or foreign corporation, partnership, limited liability company or other legal entity, the names of all persons with a controlling interest.

(ii) If the applicant or licensed gaming entity, or any affiliate, intermediary, subsidiary or holding company of the applicant or licensed gaming entity, is a


privately held domestic or foreign corporation, partnership, limited liability company or other legal entity, the names of all persons with an ownership interest equal to or greater than 1%.

(iii) The name of any person entitled to cast the vote of a person named under subparagraph (i) or (ii).

(iv) The names of all officers, directors and principals of the applicant or licensed gaming entity. (32) To appoint a trustee as prescribed in section 1332

(relating to appointment of trustee). (33) To adopt regulations governing the postemployment

limitations and restrictions applicable to members and to employees of the board subject to section 1201(h)(13) (relating to Pennsylvania Gaming Control Board established). In developing these regulations, the board may consult with the State Ethics Commission, other governmental agencies and the disciplinary board of the Supreme Court of Pennsylvania regarding postemployment limitations and restrictions on members and employees of the board who are members of the Pennsylvania Bar. Section 5. Section 1202.1 of Title 4 is amended to read:

§ 1202.1. Code of conduct. (a) Scope.–The board shall adopt a comprehensive code of

conduct prior to the consideration of any license, permit or registration application. The code of conduct shall supplement all other requirements under this part and 65 Pa.C.S. Pt. II (relating to accountability) and shall provide guidelines applicable to members, employees of the board, independent contractors [of the board] and the immediate [families] family of the members, employees and independent contractors to enable them to avoid any perceived or actual conflict of interest and to promote public confidence in the integrity and impartiality of the board. At a minimum, the code of conduct adopted under this section shall include registration of licensed entity representatives under subsection (b) and the restrictions under [subsection (c)] subsections (c) and (c.1).

(b) Registration.– (1) A licensed entity representative shall register with the

board in a manner prescribed by the board, which shall include the name, employer or firm, business address[,] and business telephone number of both the licensed entity representative and [the] any licensed entity, applicant for licensure or other person being represented.

(2) A licensed entity representative shall have an [ongoing] affirmative duty to update its registration information on an ongoing basis and failure to do so shall be punishable by the board.

(3) The [registration list] board shall maintain a registration list which shall contain the information required under paragraph (1) and which shall be available for public inspection at the offices of the board and on the board's Internet website. (c) Restrictions.–[A] In addition to the other prohibitions

contained in this part, a member [of the board] shall: (1) [Not engage in any ex parte communication with any

person.] (Reserved). (2) Not accept any discount, gift, gratuity, compensation,

travel, lodging or other thing of value, directly or indirectly, from any applicant[, licensee,]; licensed entity; affiliate, subsidiary, or intermediary of an applicant or a licensed entity; permittee[,]; registrant; or licensed entity representative [thereof].

(3) Disclose and [disqualify] recuse himself from any hearing or other proceeding in which the member's objectivity, impartiality, integrity or independence of judgment may be reasonably questioned due to the member's relationship or association with a party connected to any hearing or proceeding or a person appearing before the board.

(4) Refrain from any financial or business dealing which would tend to reflect adversely on the member's objectivity,

impartiality or independence of judgment. (5) Not hold or campaign for public office, hold an

office in any political party or political committee as defined in section 1513(d) (relating to political influence), contribute to or solicit contributions to a political campaign, [party,] political party, political committee or candidate, publicly endorse a candidate or actively participate in a political campaign.

(6) Not solicit funds for any charitable, educational, religious, health, fraternal, civic or other nonprofit entity from [an] any applicant, licensed entity, party, permittee, registrant or licensed entity representative, or from any affiliate, subsidiary, intermediary or holding company of [a] any applicant, licensed entity, [interested] party or licensed entity representative. [A board] Subject to the provisions of section 1201(h)(4.1), a member may serve as an officer, employee or member of the governing body of a nonprofit entity and may attend, make personal contributions to and plan or preside over the entity's fundraising events. A [board] member may permit his name to appear on the letterhead used for fundraising events if the letterhead contains only the [board] member's name and position with the nonprofit entity.

(7) Not meet or engage in discussions with any applicant, [person licensed under this part or a] licensed entity, permittee, registrant, licensed entity representative, person who provides goods, property or services to a slot machine licensee or any other person or entity under the jurisdiction of the board unless the meeting or discussion occurs on the business premises of the board and is recorded in a log [maintained for this purpose]. The log shall be available for public inspection during the regular business hours of the board and shall be posted on the board's Internet website. The log shall include the date and time of the meeting or discussion, the names of the participants and the subject discussed. The provisions of this paragraph shall not apply to meetings [of the board] to consider matters requiring the physical inspection of the equipment or premises of an applicant or a licensed entity [at their location] provided the meeting is entered in the log.

(8) Avoid impropriety and the appearance of impropriety at all times and observe standards and conduct that promote public confidence in the oversight of gaming.

(9) Comply with any other laws, rules or regulations relating to the conduct of a member. (c.1) Ex parte communications.–

(1) No member or hearing officer of the board shall engage in any ex parte communication with any person. No attorney of the Office of Chief Counsel advising the board on a particular licensing issue or proceeding shall engage in any ex parte communication with any person.

(2) No attorney representing the bureau or the Office of Enforcement Counsel or an applicant, licensee or permittee in any proceeding, shall engage in an ex parte communication with a member, an attorney of the Office of Chief Counsel who is advising the board on a proceeding or a hearing officer of the board.

(3) No employee of the bureau or the Office of Enforcement Counsel shall engage in an ex parte communication with a member, an attorney of the Office of Chief Counsel who is advising the board on a proceeding or a hearing officer of the board. (c.2) Procedures relating to ex parte communications.–

(1) An ex parte communication received or engaged in by a member or hearing officer shall be recorded in a log. The log shall be available for public inspection during the regular business hours of the board and shall be posted on the board's Internet website. The log shall include:

(i) The name of the individual documenting the ex parte communication.

(ii) The date and time of the ex parte


communication. (iii) The names of all individuals involved in the

ex parte communication. (iv) The subject discussed.

(2) In addition to documenting an ex parte communication under paragraph (1), notification of the substance of the communication and an opportunity to respond shall be provided to all parties to a hearing or other proceeding directly affected by the anticipated vote or action of the hearing officer or board related to the ex parte communication.

(3) (i) A member or hearing officer who engaged in or received an ex parte communication shall recuse himself from any hearing or other proceeding related to the ex parte communication if the context and substance of the ex parte communication creates substantial reasonable doubt as to the individual's ability to act objectively, independently or impartially.

(ii) A member or hearing officer who engaged in or received an ex parte communication who elects not to recuse himself from a hearing or other proceeding shall state his reasons for not recusing himself on the record prior to the commencement of the hearing or proceeding.

(iii) If a legislative appointee recuses himself from any hearing or other proceeding under this section, any qualified majority vote required under this part shall consist of all of the remaining legislative appointees and at least two gubernatorial appointees.

(iv) Failure of a hearing officer who engaged in or received an ex parte communication to recuse himself from a hearing or other proceeding when required under subparagraph (i) shall be grounds for appeal to the board.

(v) Failure of a member who engaged in or received an ex parte communication to recuse himself from a hearing or other proceeding when required under subparagraph (i) shall be grounds for appeal to a court of competent jurisdiction if the board action being appealed could not have occurred without the participation of the member.

(4) This subsection shall not preclude a member from consulting with other members individually if the consultation complies with 65 Pa.C.S. Ch. 7 (relating to open meetings) or with employees or independent contractors whose functions are to assist the board in carrying out its adjudicative functions.

(d) Ex officio members.–The restrictions under subsection (c)(5) shall not apply to ex officio members.

(e) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Ex parte communication." An off-the-record communication engaged in or received by a member or [employee] hearing officer of the board regarding the merits of or any fact in issue relating to a pending matter before the board or hearing officer or which may reasonably be expected to come before the board or hearing officer in a contested on-the-record proceeding. The term shall not include off-the-record communications by or between a member or [employee] hearing officer of the board, [Department of Revenue] department, Pennsylvania State Police, Attorney General or other law enforcement official prior to the beginning of the proceeding solely for the purpose of seeking clarification or correction to evidentiary materials intended for use in the proceedings. The term shall also not include communications between the board or a member and the office of chief counsel.

["Licensed entity representative." A person acting on behalf of or representing the interest of any applicant, licensee, permittee or registrant, including an attorney, agent or lobbyist, regarding any matter which may reasonably be expected to come before the board.]

Section 6. Title 4 is amended by adding a section to read: § 1202.2. Expenses of regulatory agencies.

(a) Reimbursement.–Members and employees of the board, employees of the department and the Office of Attorney General, and troopers and employees of the Pennsylvania State Police, whose duties involve the regulation or enforcement of gaming under this part who are seeking reimbursement from funds which are or will be paid by an applicant for a slot machine license or a slot machine licensee or from the assessments made by the department under section 1402(a)(relating to gross terminal revenue deductions) may be reimbursed only for actual and reasonable expenses incurred during the performance of their duties under this part.

(b) Receipts.–In order to receive reimbursement for an expense under subsection (a), the individual seeking reimbursement must submit a receipt to the appropriate agency documenting the expense incurred. Receipts and requests for reimbursement shall be financial records for purposes of, and subject to redaction under, the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Section 7. Section 1205(b)(1) and (2) of Title 4 are amended and the subsection is amended by adding a paragraph to read: § 1205. License or permit application hearing process; public input

hearings. * * * (b) Public input hearing requirement.–

(1) [Prior to licensing a facility under this part, the board shall hold at least one public input hearing on the matter.] The board shall hold at least one public input hearing prior to:

(i) Approving a slot machine license application or renewing a slot machine license.

(ii) Approving the structural redesign of a licensed facility located in a city of the first class. (2) All public input hearings [relating to an application

for a slot machine license] under paragraph (1) shall be held in the municipality where the licensed facility will be, or is, located and shall be organized in cooperation with the municipality.

* * * (4) In addition to any witnesses scheduled to testify

under paragraph (3), the board shall establish a public comment period during which time members of the public may address the board regarding the application, license or proposed structural redesign. The board, in its discretion, may place reasonable time limits on an individual's comments. Section 8. Section 1206(f) of Title 4 is amended to read:

§ 1206. Board minutes and records. * * * (f) Confidentiality of information.–[All]

(1) The following information submitted by an applicant, permittee or licensee pursuant to section 1310(a) (relating to slot machine license application character requirements) or 1308(a.1) (relating to applications for license or permit) or obtained by the board or the bureau as part of a background or other investigation from any source shall be [considered] confidential[.] and withheld from public disclosure:

(i) All information relating to character, honesty and integrity, including family, habits, reputation, history of criminal activity, business activities, financial affairs and business, professional and personal associations submitted under section 1310(a) or 1308(a.1) or otherwise obtained by the board or the bureau.

(ii) Nonpublic personal information, including home addresses, telephone numbers and other personal contact information, Social Security numbers, educational records, memberships, medical records, tax returns and declarations, actual or proposed compensation, financial account records, creditworthiness or financial condition relating to an applicant, licensee or permittee or the immediate family thereof.

(iii) Information relating to proprietary information, trade secrets, patents or exclusive licenses,


architectural and engineering plans and information relating to competitive marketing materials and strategies, which may include customer-identifying information or customer prospects for services subject to competition.

(iv) Security information, including risk prevention plans, detection and countermeasures, location of count rooms, emergency management plans, security and surveillance plans, equipment and usage protocols and theft and fraud prevention plans and countermeasures.

(v) Information with respect to which there is a reasonable possibility that public release or inspection of the information would constitute an unwarranted invasion into personal privacy of any individual as determined by the board.

(vi) Records of an applicant or licensee not required to be filed with the Securities and Exchange Commission by issuers that either have securities registered under section 12 of the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or are required to file reports under section 15(d) of the Securities Exchange Act of 1934.

(vii) Records considered nonpublic matters or information by the Securities and Exchange Commission as provided by 17 CFR 200.80 (relating to commission records and information).

(viii) Any financial information deemed confidential by the board upon a showing of good cause by the applicant or licensee. (2) No claim of confidentiality shall be made regarding

any criminal history record information that is available to the public under 18 Pa.C.S. § 9121(b) (relating to general regulations).

(3) No claim of confidentiality shall be made regarding any record in possession of the board that is otherwise publicly available from a Commonwealth agency, local agency or another jurisdiction.

(3.1) Notwithstanding paragraph (1)(iii), for purposes of a public input hearing under this part, the board may release architectural renderings or models depicting a proposed structural design or redesign of the licensed facility that is the subject of the hearing.

(4) Except as provided in section 1517(f) (relating to [investigation] investigations and enforcement), the information made confidential pursuant to this section shall be withheld from public disclosure in whole or in part, except that any confidential information shall be released upon the [lawful] order of a court of competent jurisdiction or, with the approval of the Attorney General, to a duly authorized law enforcement agency or shall be released to the public, in whole or in part, to the extent that such release is requested by an applicant or licensee and does not otherwise contain confidential information about another person.

(5) The board may seek a voluntary waiver of confidentiality from an applicant or licensee but may not require any applicant or licensee to waive any confidentiality provided for in this subsection as a condition for the approval of an application, renewal of a license or any other action of the board. [Any person who violates this subsection shall]

(6) No current or former member and no current or former employee, agent or independent contractor of the board, the department, the Pennsylvania State Police, the Office of Attorney General or any other Executive-branch office who has obtained confidential information in the performance of duties under this part, shall intentionally and publicly disclose the information to any person, knowing that the information being disclosed is confidential under this subsection, unless the person is authorized by law to receive it. A violation of this subsection

constitutes a misdemeanor of the third degree. In addition, an employee, agent or independent contractor who violates this subsection shall be administratively disciplined by discharge, suspension, termination of contract or other formal disciplinary action as [the board deems] appropriate. If a current member violates this paragraph, the other members shall refer the matter to the current member's appointing authority. * * * Section 8.1. Section 1207(4), (5), (14) and (17) of Title 4 are

amended to read: § 1207. Regulatory authority of board.

The board shall have the power and its duties shall be to: * * * (4) Require that each licensed entity provide to the board

its audited annual financial statements, with such additional detail as the board from time to time shall require, which information shall be submitted not later than [60] 90 days after the end of the licensee's fiscal year.

(5) Prescribe the procedures to be followed by slot machine licensees for any financial event that occurs in the operation and play of slot machines.

* * * (14) Consult with members of the Pennsylvania State

Police, the Office of Attorney General, the department and such other persons it deems necessary for advice regarding the various aspects of the powers and duties imposed on it under this part and its jurisdiction over the authorization, [and] operation and play of slot machines and licensed facilities.

* * * (17) Permit, in its discretion and upon application or

petition, the use of a temporary facility within which slot machines may be available for play or operation at a licensed [gaming] facility, for a period not to exceed 24 months, provided that, upon good cause shown, the board may extend permission to operate a temporary facility for an additional [12-month] 24-month period. Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of Title 4 are amended to read:

§ 1208. Collection of fees and fines. The board has the following powers and duties:

(1) To levy and collect fees from the various applicants, licensees and permittees to fund the operations of the board. [The] Unless otherwise provided in this part, the fees shall be deposited into the State Gaming Fund as established in section 1403 (relating to establishment of State Gaming Fund and net slot machine revenue distribution) and distributed to the board upon appropriation by the General Assembly. In addition to the fees set forth in sections 1209 (relating to slot machine license fee) and 1305 (relating to Category 3 slot machine license), the board shall assess and collect fees as follows:

(i) Supplier licensees shall pay [a]: (A) A fee of $25,000 upon the issuance

of a license [and $10,000 for the annual renewal of a supplier license.] to supply slot machines or associated equipment used in connection with slot machines.

(B) (Reserved). (C) A fee of $15,000 for the annual

renewal of the appropriate supplier license. Upon the extension of the renewal period under section 1317(c)(1) (relating to supplier licenses), the fee shall be $45,000 for the renewal. (ii) Manufacturer licensees shall pay [a]:

(A) A fee of $50,000 upon the issuance of a license [and $25,000 for the annual renewal of a manufacturer license.] to manufacture slot machines and associated equipment used in connection with slot machines.


(B) (Reserved). (C) A fee of $30,000 for the annual

renewal of the appropriate manufacturer license. Upon the extension of the renewal period under section 1317.1(c)(1) (relating to manufacturer licenses), the fee shall be $90,000 for the renewal. (iii) Each application for a slot machine license,

supplier license or manufacturer license must be accompanied by a nonrefundable fee set by the board for the cost of each individual requiring a background investigation. The reasonable and necessary costs and expenses incurred in any background investigation or other investigation or proceeding concerning any applicant, licensee, permittee or registrant shall be reimbursed to the board by those persons. * * *

§ 1209. Slot machine license fee. * * * (b) Term.–A slot machine license, after payment of the fee, shall

be in effect unless suspended, revoked or not renewed by the board upon good cause consistent with the license requirements as provided for in this part. Slot machine licensees shall be required to update the information in their initial applications annually, and the license of a licensee in good standing shall be [updated and] renewed [annually] every three years. Nothing in this subsection shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in the application materials on file with the board. As to the renewal of a license, except as required in subsection (f)(1), no additional license fee pursuant to subsection (a) shall be required.

* * * (f) Return of slot machine license fee.–

(1) The entire one-time slot machine license fee of $50,000,000 for each Category 1 and Category 2 slot machine license shall be returned to each licensee in the event section 1201 (relating to Pennsylvania Gaming Control Board established), 1202 (relating to general and specific powers) or 1307 (relating to number of slot machine licenses) is amended or otherwise altered by an act of the General Assembly, within five years following the [initial issuance of any slot machine licenses pursuant to section 1301 (relating to authorized slot machine licenses)] date established by the board as the deadline for the initial submission of Category 1 and Category 2 slot machine license applications, to change:

(i) the composition of the board; (ii) the number or voting powers of members of

the board; (iii) the manner in which members are

nominated or appointed to the board; (iv) the length of term for which each member

serves; (v) the general jurisdiction of the board in a

manner that impairs or otherwise reduces the board's licensing authority; or

(vi) section [1307] 1307(a) to increase the statutory maximum number of permissible Category 1 or Category 2 licensed facilities. (2) In the event that [this part is amended or otherwise

altered by an act of] the General Assembly [as] acts in the manner described [pursuant to] in paragraph (1):

(i) In the sixth year following the [initial issuance of any slot machine licenses pursuant to section 1301] date established by the board as the deadline for the initial submission of Category 1 and Category 2 slot machine license applications, a Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of

$41,666,667. (ii) In the seventh year, [the] each Category 1

and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $33,333,334.

(iii) In the eighth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $25,000,000.

(iv) In the ninth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $16,666,668.

(v) In the tenth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time machine license fee in the amount of $8,333,334. (2.1) In the event that the [action] General Assembly

acts in the manner described in paragraph (1) [occurs] after the expiration of ten years, [the licensee] Category 1 and Category 2 slot machine licensees shall not be entitled to a return of any portion of the one-time slot machine license fee. Notwithstanding the foregoing, no slot machine licensee shall be entitled to the return of any portion of the fee as a result of any act of the General Assembly insofar as it implements a recommendation made by the board pursuant to a qualified majority vote. In the event a full or partial return of the slot machine license fee imposed pursuant to subsection (a) becomes due pursuant to this subsection, the amount to be returned to any slot machine licensee shall be reduced on a dollar-for-dollar basis by the total accumulated tax credits granted to such licensee pursuant to subsection (c). In no event shall the total amount of the slot machine license fee returned to a Category 1 or Category 2 licensee, combined with the total tax credits granted, exceed the amounts set forth in this subsection for any licensee. The total or partial return of the slot machine license fee shall extinguish a licensee's right to claim any further tax credits pursuant to subsection (c) and to make any future claim for the return of the slot machine license fee.

(3) Within ten days following a determination that a slot machine licensee is entitled to the return of any portion of the slot machine license fee paid by the slot machine licensee based on the provisions of this section or based on a contract executed by a slot machine licensee and the department under subsection (c), the board shall immediately assess a one-time slot machine license renewal fee on each slot machine licensee in an amount equal to the amount of the fee returned to the slot machine licensee. The renewal fee shall be paid by each slot machine licensee within two business days following the return of the initial fee.

§ 1210. Number of slot machines. (a) Initial complement.–Except as provided for Category 3 slot

machine licensees under section 1305 (relating to Category 3 slot machine license), [all] the following apply:


(2) Each slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at [any one] its licensed facility within one year of the issuance by the board of a slot machine license [unless otherwise extended by the] to the slot machine licensee. The board, upon application and for good cause shown, may grant an extension for an additional period not to exceed 24 months.

(3) Upon expiration of the applicable time period under paragraph (2) and at all times thereafter, a slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at its licensed facility.


(b) Additional slot machines.–Except as provided for Category 3 slot machine licensees under section 1305, six months following the date of commencement of slot machine operations, the board may permit a slot machine licensee to install and operate up to 2,000 additional slot machines at its licensed facility, beyond those machines [authorized] permitted under subsection (a), upon application by the slot machine licensee. The board, in considering such an application, shall take into account the appropriateness of the physical space where the additional slot machines will be located and the convenience of the public attending the facility. The board may also take into account the potential benefit to economic development, employment and tourism, enhanced revenues to the Commonwealth and other economic indicators it deems applicable in making its decision.

[(c) Limitation.–For the two and one-half years following the beginning of slot machine operations at the licensed facility, no licensed gaming entity may make available for play by its patrons at its licensed facility more than 50% of slot machines from the same manufacturer or its affiliate, intermediary, subsidiary or holding company. The provisions of this subsection shall not apply to machines purchased pursuant to a contract or order executed by a conditional Category 1 or Category 1 slot machine licensee prior to October 20, 2006.]

Section 9. Section 1211(a) of Title 4 is amended and the section is amended by adding subsections to read: § 1211. Reports of board.

(a) Report of board.–Eighteen months after the effective date of this part and every year on that date thereafter, the board shall issue a report to the Governor and each member of the General Assembly on the general operation of the board and each slot machine licensee's performance, including, but not limited to, number and win per slot machine and total gross terminal revenue at each licensed [facilities] facility during the previous year, all taxes, fees, fines and other revenues collected and, where appropriate, disbursed, the costs of operation of the board, all hearings conducted and the results of the hearings and other information that the board deems necessary and appropriate.

(a.1) (Reserved). (a.2) Facility responsibility.–Each Category 1 licensed facility

shall provide: (1) An annual report to the board and to the respective

racing commission summarizing how the introduction and expansion of gaming has fulfilled the intent of this part to enhance live racing at the licensed racetrack.

(2) Plans to promote live racing and increase live handle and daily attendance at the licensed racetrack in the upcoming year. (a.3) Expenses.–Beginning 30 days after the effective date of

this subsection, the board shall post within 45 days after the end of each month on its Internet website a list of all the itemized expenses of employees and members for that month that were or are to be reimbursed from the assessments made by the department under section 1402(a) (relating to gross terminal revenue deductions) and all itemized expenses of employees of the department and the Office of Attorney General and troopers and employees of the Pennsylvania State Police for the preceding month that were or are to be reimbursed from such assessments. The list shall identify the nature of the expense, the employee, member or the agency and employee of the agency to which an expense is attributable. If the expense is directly attributable to or paid by a licensed gaming entity, the list shall identify the licensed gaming entity and if the expense was charged to the licensed gaming entity. By October 1 of each year, a final report of all expenses described in this subsection for the preceding fiscal year shall be posted on the board's Internet website and shall be submitted to the Appropriations Committee of the Senate, the Community, Economic and Recreational Development Committee of the Senate, the Appropriations Committee of the House of Representatives and the Gaming Oversight Committee of the House of Representatives. Information posted on the Internet website pursuant to this subsection

shall be financial records for the purposes of and subject to redaction under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The board, the department, the Office of Attorney General and the Pennsylvania State Police shall collaborate to develop a uniform system that will enable the board to carry out the requirements of this subsection.

* * * (e) Submission of reports.–Notwithstanding any other provision

of this part, all annual reports or studies of the board required to be submitted to the General Assembly under this part after the effective date of this subsection shall be submitted by October 1, 2010, and by October 1 of each year thereafter.

Section 10. Sections 1212 and 1213 of Title 4 are amended to read: § 1212. Diversity goals of board.

(a) Intent.–It is the intent and goal of the General Assembly that the board promote and ensure diversity in all aspects of the gaming activities authorized under this part. The board shall work to enhance the representation of diverse groups in [the]:

(1) The ownership[, participation and operation] of licensed entities [and licensed facilities] in this Commonwealth [and through the].

(2) The ownership[, participation and operation] of business enterprises associated with or utilized by licensed entities [and licensed facilities] and through the provision of goods and services utilized by slot machine licensees under this part.

(3) The operation of licensed entities and the conduct of gaming in this Commonwealth by ensuring licensed entities promote the participation of diverse groups by affording equal access to employment opportunities, including key employee, gaming employee, and nongaming employee positions.

(4) The operation of business enterprises associated with or utilized by licensed entities, including business enterprises that provide goods, property and services utilized by slot machine licensees in this Commonwealth by ensuring these business enterprises promote the participation of diverse groups by affording equal access to employment opportunities.

(5) The construction, renovation or reconstruction of a licensed facility by ensuring that all contracts and subcontracts to be awarded relating to the construction, renovation or reconstruction of a licensed facility contain adequate provisions ensuring all contractors or subcontractors and assignees, will promote the participation of diverse groups in any proposed construction, renovation or reconstruction project by affording equal access to employment opportunities.

(6) The rendering of professional services to licensed entities by ensuring licensed entities promote the participation of diverse groups by affording equal access to professional service contractual opportunities. (a.1) Reports by licensees.–Each slot machine licensee shall

submit a quarterly report to the board describing activities undertaken at its licensed facility related to the development and implementation of its diversity plan in accordance with section 1325 (relating to license or permit issuance) during the prior quarter. At a minimum, the quarterly reports shall contain a summary of:

(1) All employee recruitment and retention efforts undertaken to ensure the participation of diverse groups in employment with the slot machine licensee.

(2) The total number of hires and employment offers made, including data relating to the race, gender and residence of those hired or offered employment.

(3) All contracting and subcontracting data involving the slot machine licensee and minority-owned business enterprises and women-owned business enterprises.

(4) Any other information deemed relevant or necessary by the board to assess the slot machine licensee's diversity plan.


(b) [Investigations] Annual review.–The board [is authorized to investigate and] shall conduct an annual [study to ascertain] review of each slot machine licensee's activities related to the implementation of its diversity plan in order to evaluate whether the slot machine licensee has taken effective and meaningful action [has been taken or will be taken to enhance the] to implement a diversity plan and whether the licensee's plan and any other actions taken have achieved or will achieve the Commonwealth's goal of enhanced representation of diverse groups in the [ownership, participation and operation of licensed facilities in this Commonwealth, through the ownership and operation of business enterprises associated with or utilized by slot machine licensees, through the provision of goods and services utilized by slot machine licensees and through employment opportunities] gaming industry as set forth in subsection (a).

(c) Completion of investigation.–The [first study] review required under subsection (b) shall be completed six months following the effective date of this [part] section, if practically possible, and annually thereafter and shall contain recommendations which the board determines appropriate. Each review shall contain, at a minimum, a descriptive summary of the following relating to each slot machine licensee's licensed facility:

(1) Employee recruitment and retention programs designed to ensure the participation of diverse groups.

(2) The total number of hires and employment offers made, including data relating to the race, gender and residence of individuals hired or offered employment.

(3) Minority-owned business enterprise and women-owned business enterprise contracting and subcontracting data. (d) Facility responsibility.–Each slot machine licensee shall

provide information as required by the board to enable the board to complete the reviews required under subsection (b).

(e) Definition.–As used in this section, the term "professional services" means those services rendered to a slot machine licensee which relate to a licensed facility in this Commonwealth, including, but not limited to:

(1) Legal services. (2) Advertising or public relations services. (3) Engineering services. (4) Architectural, landscaping or surveying services. (5) Accounting, auditing or actuarial services. (6) Security consultant services. (7) Computer and information technology services,

except telephone service. § 1213. License or permit prohibition.

[No applicant for a license or permit under this part, including principals and key employees,] The following apply:

(1) The board shall be prohibited from granting a principal license or a key employee license to an individual who has been convicted of a felony [or gambling] offense in any jurisdiction [shall be issued a license or permit unless 15 years has elapsed from the date of expiration of the sentence for the offense].

(2) [When determining whether to issue a license or permit to an applicant who has been convicted in any jurisdiction of a felony or gambling offense,] In addition to the prohibition under paragraph (1), the board shall be prohibited from granting the following:

(i) A principal license or key employee license to an individual who has been convicted in any jurisdiction of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense.

(ii) A gaming employee permit or a license other than a principal license or key employee license to an individual who has been convicted in any jurisdiction of a felony offense or of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense. (3) Following the expiration of any prohibition period

applicable to an applicant under paragraph (2), in determining whether to issue a license or permit, the board shall consider the following factors:

[(1)] (i) The nature and duties of the applicant's position with the licensed entity.

[(2)] (ii) The nature and seriousness of the offense or conduct.

[(3)] (iii) The circumstances under which the offense or conduct occurred.

[(4)] (iv) The age of the applicant when the offense or conduct was committed.

[(5)] (v) Whether the offense or conduct was an isolated or a repeated incident.

[(6)] (vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the applicant. (4) For purposes of this section, a felony offense is an

offense punishable by imprisonment for more than five years. Section 10.1. Title 4 is amended by adding a section to read:

§ 1214. Specific authority to suspend slot machine license. (a) Conditions.–Any slot machine licensee that is required as a

condition of licensure to make payments to a municipality, municipal authority or other entity for an economic development project, including any project enumerated in the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, shall, within 30 days of the effective date of this section or within 30 days following licensure, whichever is later, enter into a written agreement with the municipality, municipal authority or other entity. The written agreement shall establish and govern the terms of the required payments, including the amounts of each payment, the date on which each payment shall be made and the duration of the payments.

(b) Failure to meet conditions.–If a slot machine licensee fails to enter into a written agreement as required by subsection (a), the board may take any action it deems necessary. An action taken by the board shall remain in effect until the slot machine licensee satisfies the board that it has entered into the written agreement required by subsection (a).

(c) Failure to comply with written agreement.–If a slot machine licensee is in default with respect to a payment obligation contained in a written agreement required by subsection (a), the board may take any action it deems necessary. An action taken by the board shall remain in effect until the slot machine licensee satisfies the board that it is in compliance with the terms of the written agreement.

(d) Other remedies applicable.–Nothing in this section shall prohibit the board from taking any additional action, including suspension or revocation of the slot machine licensee's license, appointing a trustee under section 1332, or imposing any other sanction permitted by this part against a slot machine licensee who violates the provisions of this section.

Section 10.2. Sections 1304(b), 1305(a)(1), (d) and (e) and 1307 of Title 4 are amended to read: § 1304. Category 2 slot machine license.

* * * (b) Location.–

(1) Two Category 2 licensed facilities and no more shall be located by the board within a city of the first class, and one Category 2 licensed facility and no more shall be located by the board within a city of the second class. No Category 2 licensed facility located by the board within a city of the first class shall be within ten linear miles of a Category 1 licensed facility regardless of the municipality where the Category 1 licensed facility is located. Except for any Category 2 licensed facility located by the board within a city of the first class or a city of the second class, no Category 2 licensed facility shall be located within 30 linear miles of any Category 1 licensed facility that has


conducted over 200 racing days per year for the two calendar years immediately preceding the effective date of this part and not within 20 linear miles of any other Category 1 licensed facility. Except for any Category 2 licensed facility located by the board within a city of the first class, no Category 2 licensed facility shall be located within 20 linear miles of another Category 2 licensed facility.

(2) Within five days of approving a license for an applicant with a proposed licensed facility consisting of land designated a subzone, an expansion subzone or an improvement subzone under the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act for a slot machine license under this section, the board shall notify the Department of Community and Economic Development. The notice shall include a description of the land of the proposed licensed facility which is designated a subzone, an expansion subzone or an improvement subzone. Within five days of receiving the notice required by this paragraph, the Secretary of Community and Economic Development shall decertify the land of the proposed licensed facility as being a subzone, an expansion subzone or an improvement subzone. Upon decertification in accordance with this paragraph and notwithstanding Chapter 3 of the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, a political subdivision may amend the ordinance, resolution or other required action which granted the exemptions, deductions, abatements or credits required by the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act to repeal the exemptions, deductions, abatements or credits for the land decertified.

(3) Notwithstanding any other provision of law, the governing body of a city of the first class shall not exempt from real property taxation or provide any real property tax abatement under the act of December 1, 1977 (P.L.237, No.76), known as the Local Economic Revitalization Tax Assistance Act, to a Category 2 licensed facility located within the city, or any improvements to such facility, unless the owner of the licensed facility enters into or has entered into a tax settlement agreement or payment in lieu of taxes agreement with the city, including any amendments, supplements or modifications of such agreements.

§ 1305. Category 3 slot machine license. (a) Eligibility.–

(1) (i) A person may be eligible to apply for a Category 3 slot machine license if the applicant, its affiliate, intermediary, subsidiary or holding company has not applied for or been approved or issued a Category 1 or 2 slot machine license and the person is seeking to locate a Category 3 licensed facility in a well-established resort hotel having no fewer than 275 guest rooms under common ownership and having substantial year-round [recreational guest] amenities. The applicant for a Category 3 license shall be the owner or be a wholly owned subsidiary of the owner of the established resort hotel. [A Category 3 license may only be granted upon the express condition that an individual may not enter a gaming area of the licensee if the individual is not a registered overnight guest of the established resort hotel or if the individual is not a patron of one or more of the amenities provided by the established resort hotel.] In addition to any other individual prohibited under this part from entering the gaming area of a licensed facility, an individual who does not meet at least one of the following criteria shall also be prohibited from entering the gaming area of an established resort hotel for which a Category 3 license has been issued:

(A) The individual is a registered overnight guest of the established resort hotel.

(B) The individual is a patron of the amenities provided by the established resort hotel.

(C) The individual possesses a membership to the established resort hotel or is a guest of an individual who possesses such a membership. The guest must be accompanied by the individual who possesses the membership when entering or remaining in the gaming area of the hotel. The owner of the established resort hotel may issue memberships that allow for up to four guests of the membership owner to enter the gaming area. (ii) Nothing in this paragraph shall be deemed to

prohibit an individual 18 years of age or older from entering and remaining in the gaming area of an established resort hotel while in the performance of employment duties performed on behalf of the resort hotel. * * *

(d) Category 3 license fee.–[Notwithstanding the one-time slot machine license fee as set forth in section 1209 (relating to slot machine license fee), the] The board shall impose a one-time Category 3 license fee to be paid by each successful applicant in the amount of $5,000,000 to be deposited in the State Gaming Fund. The provisions of section [1209 relating to term, credit against tax for slot machine licensees, deposit of license fee and change of ownership or control of a license shall be applicable] 1209(b), (c), (d) and (e) shall apply to a Category 3 [license fee] licensee.

(e) Definitions.–For the purpose of subsection (a), the following words and phrases shall have the meaning given to them in this subsection:

"Amenities." Any ancillary activities, services or facilities in which a registered guest or the transient public, in return for non-de minimis consideration as defined by board regulation, may participate at a resort hotel, including, but not limited to, sports and recreational activities and facilities such as a golf course or golf driving range, tennis courts or swimming pool; health spa; convention, meeting and banquet facilities; entertainment facilities; and restaurant facilities.

"Patron of the amenities." Any individual who is a registered attendee of a convention, meeting or banquet event or a participant in a sport or recreational event or any other social, cultural or business event held at a resort hotel or who participates in one or more of the amenities provided to registered guests of the resort hotel. § 1307. Number of slot machine licenses.

(a) Category 1 and Category 2 slot machine licenses.–The board may license no more than seven Category 1 licensed facilities and no more than five Category 2 licensed facilities, as it may deem appropriate, as long as two, and not more, Category 2 [licenses] licensed facilities are located by the board within the city of the first class and that one, and not more, Category 2 licensed facility is located by the board within the city of the second class. The board may at its discretion increase the total number of Category 2 licensed facilities permitted to be licensed by the board by an amount not to exceed the total number of Category 1 licenses not applied for within five years following the effective date of this part. Except as permitted by section 1328 (relating to change in ownership or control of slot machine licensee), any Category 1 license may be reissued by the board at its discretion as a Category 2 license if an application for issuance of such license has not been made to the board.

(b) Category 3 slot machine licenses.–The board may license no more than two Category 3 licensed facilities.

Section 10.3. Section 1308 of Title 4 is amended by adding a subsection to read: § 1308. Applications for license or permit.

* * * (a.1) Submission of information.–An applicant for a license or

permit under this part shall disclose in the application all arrests of the


applicant and all citations issued to the applicant for summary gambling offenses. The information shall include:

(1) A brief description of the circumstances surrounding the arrest or issuance of the citation.

(2) The specific offense charged. (3) The ultimate disposition of the charge, including the

details of any dismissal, plea bargain, conviction, sentence, pardon, expungement or order of Accelerated Rehabilitative Disposition.

No applicant shall be required to provide documentation relating to any summary offense. Failure of the bureau to recover records of a summary offense shall not be grounds for denying an application.

* * * Section 10.4. Section 1310 of Title 4 is amended to read:

§ 1310. Slot machine license application character requirements. (a) Application.–

(1) Every application for a slot machine license shall include such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's suitability, including good character, honesty and integrity. Information shall include, without limitation, information pertaining to family, habits, character, reputation, criminal history background, business activities, financial affairs and business, professional and personal associates, covering at least the ten-year period immediately preceding the filing date of the application.

(2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to use of records by licensing agencies), in addition to the information submitted under section 1308(a.1) (relating to applications for license or permit), a conviction for a felony offense or a misdemeanor gambling offense that has been expunged or overturned, or for which a person has been pardoned or an order of Accelerated Rehabilitative Disposition has been issued, shall be included with an application and considered by the board as part of the review of the applicant's suitability under paragraph (1). (b) Civil judgments and law enforcement agency information.–

Each applicant shall notify the board of any civil judgments obtained against the applicant pertaining to antitrust or security regulation laws of the Federal Government, this Commonwealth or any other state, jurisdiction, province or country. In addition, each applicant shall produce a letter of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letter of reference shall indicate that the law enforcement agencies do not have any pertinent information concerning the applicant or, if the law enforcement agency does have information pertaining to the applicant, shall specify the nature and content of that information. If no letters are received within 30 days of the request, the applicant may submit a statement under oath which is subject to the penalty for false swearing under 18 Pa.C.S. § 4903 (relating to false swearing) that the applicant is or was during the period the activities were conducted in good standing with the gaming or casino enforcement or control agency.

(c) Gaming or casino enforcement agency information.–If the applicant has held a gaming license in a jurisdiction where gaming activities are permitted, the applicant shall produce a letter of reference from the gaming or casino enforcement or control agency which shall specify the experiences of that agency with the applicant, the applicant's associates and the applicant's gaming operation. If no letters are received within 30 days of the request, the applicant may submit a statement under oath which is subject to the penalty for false swearing under 18 Pa.C.S. § 4903 that the applicant is or was during the period the activities were conducted in good standing with the gaming or casino enforcement or control agency.

(d) Agency records.–Each applicant for a slot machine license, principal license or key employee license shall be required to apply to each Federal agency deemed appropriate by the board or bureau for agency records under the Freedom of Information Act (Public Law 89-

554, 5 U.S.C. § 552) pertaining to the applicant and provide the bureau with the complete record received from the Federal agency. The board may issue a license to the applicant prior to the receipt of information under this subsection.

Section 10.5. Sections 1317(a) and (c)(1) and 1317.1(c), (d), (d.1) and (e) of Title 4 are amended to read: § 1317. Supplier licenses.

(a) Application.–A manufacturer that elects to contract with a supplier under section 1317.1(d.1) (relating to manufacturer licenses) shall ensure that the supplier is appropriately licensed under this section. A person seeking to provide slot machines or associated equipment to a slot machine licensee within this Commonwealth through a contract with a licensed manufacturer shall apply to the board for a supplier license.

* * * (c) Review and approval.–Upon being satisfied that the

requirements of subsection (b) have been met, the board may approve the application and issue the applicant a supplier license consistent with all of the following:

(1) [The license shall be for a period of one year. Upon expiration, the license may be renewed in accordance with subsection (d)] The initial license shall be for a period of one year and if renewed under subsection (d), the license shall be for a period of three years. Nothing in this paragraph shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any information contained in the application materials on file with the board.

* * * § 1317.1. Manufacturer licenses.


requirements of subsection (b) have been met, the board may approve the application and grant the applicant a manufacturer license consistent with all of the following:

(1) [The license shall be for a period of one year. Upon expiration, a license may be renewed in accordance with subsection (d)] The initial license shall be for a period of one year and if renewed under subsection (d), the license shall be for a period of three years. Nothing in this paragraph shall relieve the licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in application materials on file with the board.

(2) The license shall be nontransferable. (3) Any other condition established by the board.

(d) Renewal.– (1) [Six] Two months prior to expiration of a

manufacturer license, the manufacturer licensee seeking renewal of its license shall submit a renewal application accompanied by the renewal fee to the board.

(2) If the renewal application satisfies the requirements of subsection (b), the board may renew the licensee's manufacturer license.

(3) If the board receives a complete renewal application but fails to act upon the renewal application prior to the expiration of the manufacturer license, the manufacturer license shall continue in effect for an additional six-month period or until acted upon by the board, whichever occurs first. (d.1) Authority.–The following shall apply to a licensed

manufacturer: (1) A [licensed] manufacturer or its designee, as licensed

by the board, may supply or repair any slot machine or associated equipment manufactured by the [licensed] manufacturer, provided the manufacturer holds a manufacturer license.

(2) A manufacturer of slot machines may contract with a supplier under section 1317 (relating to supplier licenses) to provide slot machines or associated equipment to a slot machine licensee within this Commonwealth, provided the supplier is


licensed to supply slot machines or associated equipment used in connection with slot machines.

(e) Prohibitions.– (1) No person may manufacture slot machines or

associated equipment for use within this Commonwealth by a slot machine licensee unless the person has been issued a manufacturer license under this section.

(2) No slot machine licensee may use slot machines or associated equipment unless the slot machines or associated equipment were manufactured by a person that has been issued a manufacturer license under this section.

(3) No person issued a license under this section shall apply for or be issued a license under section 1317.

(4) No limitation shall be placed on the number of manufacturer licenses issued or the time period to submit applications for licensure, except as required to comply with section 1306 (relating to order of initial license issuance). Section 10.6. Title 4 is amended by adding a section to read:

§ 1317.2. Gaming service provider. (a) Development of classification system.–The board shall

develop a classification system governing the certification, registration and regulation of gaming service providers and individuals and entities associated with them. The classification system shall be based upon the following:

(1) The monetary value or amount of business conducted or expected to be conducted by the gaming service provider with an applicant for a slot machine licensee or a slot machine licensee in any consecutive 12-month period.

(2) Whether the employees of the gaming service provider will have access to the gaming floor or any gaming-related restricted area of a licensed facility.

(3) The board's analysis of the goods or services provided or to be provided by the gaming service provider. (b) Authority to exempt.–The board may exempt any person or

type of business from the requirements of this section if the board determines:

(1) the person or type of business is regulated by an agency of the Federal Government, an agency of the Commonwealth or the Pennsylvania Supreme Court; or

(2) the regulation of the person or type of business is determined not to be necessary in order to protect the public interest or the integrity of gaming.

(c) Duties of gaming service providers.–Each gaming service provider shall have a continuing duty to:

(1) Provide all information, documentation and assurances as the board may require.

(2) Cooperate with the board in investigations, hearings and enforcement and disciplinary actions.

(3) Comply with all conditions, restrictions, requirements, orders and rulings of the board in accordance with this part.

(4) Report any change in circumstances that may render the gaming service provider ineligible, unqualified or unsuitable for continued registration or certification. (d) Requirement for permit.–The board may require employees

of a gaming service provider to obtain a permit or other authorization if, after an analysis of duties, responsibilities and functions, the board determines that a permit or other authorization is necessary to protect the integrity of gaming.

(e) Interim authorization.–The board or a designated employee of the board may permit a gaming service provider applicant to engage in business with an applicant for a slot machine license or a slot machine licensee prior to approval of the gaming service provider application if the following criteria have been satisfied:

(1) A completed application has been filed with the board by the gaming service provider.

(2) The slot machine applicant or slot machine licensee contracting or doing business with the gaming service provider

certifies that it has performed due diligence on the gaming service provider and believes that the applicant meets the qualification to be a gaming service provider pursuant to this section.

(3) The gaming service provider applicant agrees in writing that the grant of interim authorization to conduct business prior to board approval of its application does not create a right to continue to engage in business if the board determines that the applicant is not suitable or continued authorization is not in the public interest. (f) Construction.–Nothing in this section shall be construed to

prohibit the board from rescinding a grant of interim authorization if, at any time, the suitability of the person subject to interim authorization is at issue or if the person fails to cooperate with the board, the bureau or an agent of the board or bureau.

(g) Gaming service provider lists.–The board shall: (1) Develop and maintain a list of approved gaming

service providers who are authorized to provide goods or services whether under a grant of interim or continued authorization.

(2) Develop and maintain a list of prohibited gaming service providers. An applicant for a slot machine license or a slot machine licensee may not enter into an agreement or engage in business with a gaming service provider listed on the prohibited gaming service provider list. (h) Emergency authorization.–A slot machine licensee may

utilize a gaming service provider that has not been approved by the board when a threat to public health, welfare or safety exists or circumstances outside the control of the slot machine licensee require immediate action to mitigate damage or loss to the licensee's licensed facility or to the Commonwealth. The board shall promulgate regulations to govern the use of gaming service providers under emergency circumstances. The regulations shall include a requirement that the slot machine licensee contact the board immediately upon utilizing a gaming service provider that has not been approved by the board.

(i) Criminal history record information.–If the classification system developed by the board in accordance with subsection (a) requires a gaming service provider or an individual or entity associated with the gaming service provider to submit to or provide the bureau with criminal history record information under 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the bureau shall notify a slot machine licensee that submitted a certification under subsection (e)(2) whether the applicant has been convicted of a felony or misdemeanor gambling offense.

Section 10.7. Sections 1318(c) and 1319(a) of Title 4 are amended to read: § 1318. Occupation permit application.

* * * (c) Prohibition.–No slot machine licensee may employ or permit

any person under 18 years of age to render any service whatsoever in any area of its licensed facility [at which] where slot machines are physically located. § 1319. Alternative manufacturer licensing standards.

(a) General rule.–The board may determine whether the licensing standards of another jurisdiction within the United States in which an applicant for a manufacturer license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this part. If the board makes that determination, it may issue a manufacturer license to an applicant who holds a similar manufacturer license in such other jurisdiction after conducting an evaluation of the information relating to the applicant from such other jurisdictions, as updated by the board, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed, the board may incorporate such information in whole or in part into its evaluation of the applicant.

* * *


Section 10.8. (Reserved). Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (b) and

1329 of Title 4 are amended to read: § 1321. Additional licenses and permits and approval of agreements.

(a) Requirements.–In addition to the requirements for a license or permit specifically set forth in this part, the board may require a license [or], permit or other authorization, and set a fee for the same, for any key employee or gaming employee or any person who satisfies any of the following criteria:

(1) The person transacts business within this Commonwealth with a slot machine licensee as a ticket purveyor, tour operator, operator of a bus trip program or operator of any other type of travel program or promotional business related to slot machines. The board may also review, deny, order modification or approve, at its discretion, proposed tours, bus routes and travel programs.

(2) The person is presently not [otherwise] required to be licensed or permitted under this part and provides any goods, property or services, including, but not limited to, management [contracts] services for compensation to a slot machine licensee at the licensed facility. (b) Agreement.–Any agreement to conduct business within this

Commonwealth between a person and a slot machine licensee relating to slot machines, or associated equipment is subject to the approval of the board in accordance with rules and regulations promulgated by the board. Every agreement shall be in writing and shall include a provision for its termination without liability on the part of the slot machine licensee upon a finding by the board that the agreement is not approved or that it is terminated. Failure to expressly include this condition in the agreement is not a defense in any action brought under this section relating to the termination of the agreement. § 1326. License renewals.

(a) Renewal.–All permits and licenses issued under this part unless otherwise provided shall be subject to renewal [on an annual basis upon the application of the holder of the permit or license submitted to the board at least 60 days prior to the expiration of the permit or license] every three years. Nothing in this subsection shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in the application materials on file with the board. The application for renewal shall be submitted at least 60 days prior to the expiration of the permit or license and shall include an update of the information contained in the initial and any prior renewal applications and the payment of any renewal fee required by this part. Unless otherwise specifically provided in this part, the amount of any renewal fee shall be calculated by the board to reflect the longer renewal period. A permit or license for which a completed renewal application and fee, if required, has been received by the board will continue in effect unless and until the board sends written notification to the holder of the permit or license that the board has denied the renewal of such permit or license.

* * * § 1328. Change in ownership or control of slot machine licensee.

(a) Notification and approval.– (1) A slot machine licensee shall notify the board [prior

to or] immediately upon becoming aware of any proposed or contemplated change of ownership of the slot machine licensee by a person or group of persons acting in concert which involves any of the following:

(i) More than 5% of a slot machine licensee's securities or other ownership interests.

(ii) More than 5% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the licensee.

(iii) The sale other than in the ordinary course of business of a licensee's assets.

(iv) Any other transaction or occurrence deemed by the board to be relevant to license qualifications.

(b) Qualification of purchaser of slot machine licensee; change of control.–The purchaser of the assets, other than in the ordinary course of business, of any slot machine licensee shall independently qualify for a license in accordance with this part and shall pay the license fee as required by section 1209 (relating to slot machine license fee). A change in control of any slot machine licensee shall require that the slot machine licensee independently qualify for a license in accordance with this part, and the slot machine licensee shall pay a new license fee as required by section 1209, except as otherwise required by the board pursuant to this section. The new license fee shall be paid upon the assignment and actual change of control or ownership of the slot machine license.

* * * § 1329. [Nonportability] Portability and relocation of slot machine

license. (a) General rule.–[Each] Except as otherwise provided in this

section, each slot machine license shall only be valid for the specific physical location within the municipality and county for which it was originally granted. [No]

(b) Petition.–An applicant for a slot machine license or a slot machine licensee may petition the board to relocate its facility. In determining whether to grant a petition to relocate, the board shall:

(1) Evaluate the proposed new location and the reason for the relocation.

(2) Conduct an analysis comparing estimated gross terminal revenues at the proposed new location with estimated or actual gross terminal revenues at the approved current location.

(3) Conduct an analysis comparing the economic impact of the licensed facility at the proposed new location with the estimated or actual economic impact at the approved current location. The comparative analysis shall include the total cost of the project and projected direct and indirect employment figures.

(4) Commission a comprehensive traffic study for the proposed new location.

(5) Evaluate community support or opposition. (6) Consider any other information submitted by the

petitioner or requested by the board. (c) Relocation.–A slot machine licensee [shall be permitted to]

may move or relocate [the physical location of] the licensed facility [without] with board approval [for] upon good cause shown if the relocation of the licensed facility:

(1) remains within the same county as when it was originally licensed;

(2) will facilitate the timely commencement or the continued conduct of gaming operations;

(3) complies with all other provisions of this part related to the siting and location of a licensed facility; and

(4) is in the best interests of the Commonwealth. (d) Public input hearing.–The board shall hold at least one public

input hearing in the municipality where the licensed facility will be located prior to ruling on the petition.

(e) Restriction.–No grant or loan from the Commonwealth may be awarded for the purpose of relocating or developing the relocated licensed facility to comply with any conditions of approval of the relocation.

Section 11. Title 4 is amended by adding a section to read: § 1332. Appointment of trustee.

(a) Appointment.–Upon petition of the Office of Enforcement Counsel, the board may appoint a trustee from the list required under subsection (j) to act on behalf of the interests of the Commonwealth and the board to ensure compliance with this part and any conditions imposed upon the slot machine license. A trustee may be appointed only in the following circumstances:

(1) Upon the revocation, suspension or nonrenewal of a slot machine license or a principal license if the principal licensee is the only principal who exercises operational control of


the licensed facility. (2) Upon the failure to renew a slot machine license or a

principal license if the principal licensee is the only principal who exercises operational control of the licensed facility.

(3) If necessary to protect the best interests of the Commonwealth. (b) Qualifications.–The following shall apply:

(1) A trustee shall be required to qualify as a principal and obtain a principal license. The board may appoint a trustee and award the trustee a temporary principal license as prescribed in board regulations.

(2) Before assuming duties, a trustee shall execute and file a bond for the faithful performance of the trustee's duties. The bond shall be payable to the board with sureties and in the amount and form as required by board order. The cost of the bond shall be paid by the former or suspended licensee.

(3) A trustee shall be a resident of this Commonwealth. (c) Powers.–A trustee appointed under this section shall exercise

only those powers, duties and responsibilities expressly conferred upon the trustee by the board. The board's order appointing the trustee shall set forth the powers, duties and responsibilities of the trustee which may include:

(1) Maintaining and operating the licensed facility in a manner that complies with this part and any conditions imposed by the board.

(2) Maintaining and operating the licensed facility consistent with the measures generally taken in the ordinary course of business including:

(i) Entering into contracts. (ii) Borrowing money. (iii) Pledging, mortgaging or otherwise

encumbering the licensed facility or property thereof as security for the repayment of loans subject to any provisions and restrictions in any existing credit documents.

(iv) Hiring, firing and disciplining employees. (3) Exercising the rights and obligations of the former or

suspended licensee. (4) Taking possession of all of the assets of the slot

machine licensee, including its books, records and papers. (5) Establishing accounts with financial institutions. An

account may not be established with a financial institution in which the licensee, an affiliate of the former or suspended licensee, the trustee, or an immediate family member of the trustee, has a controlling interest.

(6) Meeting with the former or suspended licensee. (7) Meeting with principals and key employees at the

licensed facility. (8) Meeting with the independent audit committee. (9) Meeting with the board's executive director and

keeping the board's executive director apprised of actions taken and the trustee's plans and goals for the future.

(10) Hiring legal counsel, accountants or other consultants or assistants, with prior approval of the board, as necessary to carry out the trustee's duties and responsibilities.

(11) Settling or compromising with any debtor or creditor of the former or suspended licensee, including any taxing authority.

(12) Reviewing outstanding agreements to which the former or suspended licensee is a party and advising the board as to which, if any, of the agreements should be the subject of scrutiny, examination or investigation by the board.

(13) Obtaining board approval prior to any sale, change of ownership, change of control, change of financial status, restructuring, transfer of assets or execution of a contract or any other action taken outside of the ordinary course of business.

(14) Obtaining board approval for any payments outside of those made in the ordinary course of business.

Notwithstanding any provision contained in this subsection to the contrary, the trustee shall have the duty to conserve and preserve the assets of the licensed gaming entity.

(d) Compensation.–The board shall establish the compensation of a trustee and shall review and approve actual and reasonable costs and expenses of the trustee, legal counsel, accountants or other consultants or assistants hired by the trustee. The compensation, costs and expenses shall be paid by the former or suspended licensee. Total compensation for the trustee and all persons hired or retained by the trustee under subsection (c)(10) shall not exceed $600 per hour in the aggregate unless otherwise increased by the board pursuant to subsection (d.2).

(d.1) Calculation of compensation.–In determining the aggregate hourly rate of compensation to be paid to the trustee and all other persons hired or retained by the trustee, the board shall consider:

(1)The time and labor required, the difficulty of the questions involved and the skill required to properly perform the required services.

(2) Whether the acceptance of the position by the trustee or other person will preclude the trustee or other person from other employment.

(3) The fee customarily charged for similar services. (4) The nature and potential length of the duties. (5) The experience, reputation and ability of the trustee

or other person selected to perform the services. (d.2) Compensation exceptions.–

(1) On January 1 of each year, the board may adjust the aggregate hourly rate of compensation authorized under subsection (d) for inflation. The adjustment shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures have been officially reported by the United States Department of Labor, Bureau of Labor Statistics. When adjusted, the board shall publish the adjusted aggregate hourly rate of compensation in the Pennsylvania Bulletin.

(2) Upon petition by the Director of the Office of Enforcement Counsel, the board may increase the total hourly rate of compensation above the limitation contained in subsection (d) for good cause shown. The board shall consider the factors under subsection (d.1) when calculating any increase requested by the office. (e) Reports.–A trustee shall file reports relating to the

administration of the trusteeship with the board in the form and at intervals as the board orders. The board may direct that copies or portions of the trustee's reports be mailed to creditors or other parties in interest and make summaries of the reports available to the public and shall post them on the board's Internet website.

(f) Review of actions.–A creditor or other party in interest aggrieved by any alleged breach of a delegated power or duty or responsibility of a trustee in the discharge of the trustee's duties may request a review of the trustee's action or inaction by filing a petition in accordance with board regulations. The petition must set forth in detail the pertinent facts and the reasons why the facts constitute the alleged breach. The board shall review any petition filed under this section and take whatever action, if any, it deems appropriate.

(g) Effect of the trusteeship.–After issuance of an order to appoint a trustee, the former or suspended principal or slot machine licensee may not exercise any of its privileges, collect or receive any debts or pay out, sell, assign or transfer any of its assets to anyone without prior approval of the appointed trustee and the board.

(h) Disposition of net income.–During the period of trusteeship, net income from the licensed facility shall be deposited in an escrow account maintained for that purpose. Payments from the escrow account during the period of trusteeship may not be made without the prior approval of the board. A suspended or former principal or slot machine licensee may request distribution of all or a portion of the funds in the escrow account during the period of trusteeship by filing a


petition in accordance with board regulation. The suspended or former principal or slot machine licensee shall have the burden of demonstrating good cause for the distribution of the funds requested.

(i) Discontinuation.–The board may issue an order to discontinue a trusteeship when:

(1) the board determines that circumstances requiring the appointment of the trustee no longer exist; or

(2) the trustee has, with the prior approval of the board, consummated the sale, assignment, conveyance or other disposition of all the assets or interest of the former principal or slot machine licensee relating to the slot machine license. (j) List of approved trustees.–The board shall promulgate

regulations governing establishment of a list of persons approved by the board and qualified to serve as a trustee. At a minimum, the regulations shall provide for the following:

(1) The minimum qualifications a person must possess to be approved as a trustee, which shall include the qualifications set forth in subsection (b).

(2) The procedure for placement on or removal from the approved trustee list.

(3) Any other information the board deems necessary to carry out the intent of this section. Section 11.1. Sections 1401(b), 1402(a) and 1402.1 of Title 4 are

amended to read: § 1401. Slot machine licensee deposits.

* * * (b) Initial deposit of funds.–Not later than two business days

prior to the commencement of slot machine operations by a slot machine licensee, [the] a slot machine licensee shall deposit and maintain the [sum of $5,000,000] following sums in its account to guarantee the payment of funds to the Commonwealth under this part and as security for its obligations under section 1405 (relating to Pennsylvania Race Horse Development Fund)[.]:

(1) For a Category 1 or Category 2 slot machine licensee, $1,500,000.

(2) For a Category 3 slot machine licensee, $1,000,000. * * *

§ 1402. Gross terminal revenue deductions. (a) Deductions.–After determining the appropriate assessments

for each slot machine licensee, the department shall determine costs, expenses or payments from each account established under section 1401 (relating to slot machine licensee deposits). The following costs and expenses shall be transferred to the appropriate agency upon appropriation by the General Assembly:

(1) The costs and expenses to be incurred by the department in administering this part at each slot machine licensee's licensed facility based upon a budget submitted by the department [to and approved by the board] under section 1402.1 (relating to itemized budget reporting).

(2) The other costs and expenses to be incurred by the department in administering this part based upon a budget submitted by the department [to and approved by the board] under section 1402.1.

(3) Sums necessary to repay any loans made by the General Fund to the department in connection with carrying out its responsibilities under this part, including the costs of the initial acquisition of the central control computer and any accessories or associated equipment.

(4) The costs and expenses to be incurred by the Pennsylvania State Police and the Office of Attorney General and not otherwise reimbursed under this part in carrying out their respective responsibilities under this part based upon [a budget] budgets submitted by the Pennsylvania State Police and the Attorney General [to and approved by the board] under section 1402.1.

(5) Sums necessary to repay any loans made by the General Fund to the Pennsylvania State Police in connection with carrying out its responsibilities under this part.

(6) The costs and expenses to be incurred by the board in carrying out its responsibilities under this part based upon a budget [approved] submitted by the board under section 1402.1.

(7) Sums necessary to repay any loans made by the General Fund to the board in connection with carrying out its responsibilities under this part. * * *

§ 1402.1. Itemized budget reporting. (a) Submission.–The board, department, Pennsylvania State

Police and [the] Office of Attorney General shall prepare and annually submit to the chairman of the Appropriations Committee of the Senate and the chairman of the Appropriations Committee of the House of Representatives an itemized budget consisting of amounts to be appropriated out of the accounts established under section 1401 (relating to slot machine licensee deposits) necessary to administer this part. The department, Pennsylvania State Police and Office of Attorney General shall provide copies of their itemized budgets to the board at the same time they are submitted to the chairmen of the committees.

(b) Analyses and recommendations.–As soon as practicable after receiving copies of the itemized budgets submitted under subsection (a), the board shall prepare and submit to the chairmen of the committees analyses of, and make recommendations regarding, the itemized budgets.

Section 11.2. Section 1403(b), (c)(2)(i)(D), (E) and (F), (iii)(F) and (iv) and (3)(v) and (viii) of Title 4 are amended and the section is amended by adding subsections to read: § 1403. Establishment of State Gaming Fund and net slot machine

revenue distribution. * * * (b) Slot machine tax.–[The department shall determine and each]

Each slot machine licensee shall report to the department and pay on a form and in a manner prescribed by the department a daily tax of 34% from its daily gross terminal revenue from the slot machines in operation at its facility and a local share assessment as provided in subsection (c) [into the fund]. All funds owed to the Commonwealth, a county or a municipality under this section shall be held in trust by the licensed gaming entity for the Commonwealth, the county and the municipality until the funds are paid or transferred [and distributed] to the fund. Unless otherwise agreed to by the [Gaming Board] board, a licensed gaming entity shall establish a separate bank account to maintain [gaming proceeds] gross terminal revenue until such time as [they] the funds are paid or transferred under this section. Moneys in the fund are hereby appropriated to the department on a continuing basis for the purposes set forth in subsection (c).

(c) Transfers and distributions.–The department shall: * * * (2) From the local share assessment established in

subsection (b), make quarterly distributions among the counties hosting a licensed facility in accordance with the following schedule:

(i) If the licensed facility is a Category 1 licensed facility that is located at a harness racetrack and the county, including a home rule county, in which the licensed facility is located is:

* * * (D) (I) A county of the third class: Except as provided in subclause (II), 2% of the gross terminal revenue from each such licensed facility shall be deposited into a restricted receipts account to be established in the [Department of Community and Economic Development] Commonwealth Financing Authority to be used exclusively for grants for [health, safety and economic development projects] projects in the public interest to municipalities within the county where the licensed facility is


located. [Municipalities that are contiguous to the municipality hosting such licensed facility shall be given priority by the Department of Community and Economic Development in the award of such grants.]

(I.1) Priority shall be given to multiyear projects approved or awarded by the Department of Community and Economic Development under subclause (I) on or before the effective date of this subclause.

(II) If a licensed facility is located in one of two counties of the third class where a city of the third class is located in both counties of the third class, the county in which the licensed facility is located shall receive 1.2% of the gross terminal revenue to be distributed as follows: 20% to the host city, 30% to the host county and 50% to the host county for the purpose of making municipal grants within the county, with priority given to municipalities contiguous to the host city. The county of the third class, which includes a city of the third class that is located in two counties of the third class and is not the host county for the licensed facility, shall receive .8% of the gross terminal revenue to be distributed as follows: 60% to a nonhost city of the third class located solely in the nonhost county in which the host city of the third class is also located or 60% to the nonhost city of the third class located both in the host and nonhost counties of the third class, 35% to the nonhost county and 5% to the nonhost county for the purpose of making municipal grants within the county. (E) A county of the fourth class: 2% of

the gross terminal revenue from each such licensed facility shall be distributed as follows:

(I) The department shall make distributions directly to each municipality within the county, except the host municipality, by using a formula equal to the sum of $25,000 plus $10 per resident of the municipality using the most recent population figures provided by the Department of Community and Economic Development, provided, however, that the amount so distributed to any municipality shall not exceed 50% of its total budget for fiscal year 2009, adjusted for inflation in subsequent fiscal years by an amount not to exceed an annual cost-of-living adjustment calculated by applying any upward percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Distributions to a municipality in accordance with this subclause shall be deposited into a special fund which shall be established by the municipality. The governing body of the municipality shall

have the right to draw upon the special fund for any lawful purpose provided that the municipality identifies the fund as the source of the expenditure. Each municipality shall annually submit a report to the Department of Community and Economic Development detailing the amount and purpose of each expenditure made from the special fund during the prior fiscal year.

(II) Any funds not distributed under subclause (I) shall be deposited into a restricted receipts account established in the Department of Community and Economic Development to be used exclusively for grants to the county, to economic development authorities or redevelopment authorities within the county for grants for economic development projects, infrastructure projects, job training, community improvement projects, other projects in the public interest, and necessary and reasonable administrative costs. Notwithstanding the provisions of the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, grants made under this clause may be utilized as local matching funds for other grants or loans from the Commonwealth. (F) Counties of the fifth through eighth

classes: (I) Except as set forth in

subclause (II), 2% of the gross terminal revenue from each such licensed facility shall be deposited into a restricted account established in the Department of Community and Economic Development to be used exclusively for grants to the county.

(II) If the licensed facility is located in a second class township in a county of the fifth class, 2% of the gross terminal revenue from the licensed facility shall be distributed as follows:

(a) 1% shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants for projects in the public interest to municipalities within the county where the licensed facility is located.

(b) 1% shall be distributed to the county for projects in the public interests in the county. * * *

(iii) If the facility is a Category 2 licensed facility and if the county in which the licensed facility is located is:

* * * (F) Counties of the fifth class: 2% of

the gross terminal revenue from each such licensed facility shall be deposited and distributed as follows:

(I) One percent to be distributed as follows:


(a) Beginning in 2010, the sum of $2,400,000 annually for a period of 20 years to the county for purposes of funding debt service related to the construction of a community college campus located within the county.

(b) Any funds not distributed under subclause (a) shall be deposited into a restricted receipts account in the Department of Community and Economic Development to be used exclusively for grants within the county for economic development projects, road projects located within a 20-mile radius of the licensed facility and located within the county, community improvement projects and other projects in the public interest within the county. The amount under this subclause includes reasonable administrative costs. (II) One percent shall be

deposited into a restricted receipts account to be established in the [Department of Community and Economic Development] Commonwealth Financing Authority to be used exclusively for grants within contiguous counties for economic development projects, community improvement projects and other projects in the public interest within contiguous counties. The amount under this subclause includes reasonable administrative costs. A contiguous county that hosts a Category 1 licensed facility shall be ineligible to receive grants under this subclause.

(II.1) Priority shall be given to multiyear projects approved or awarded by the Department of Community and Economic Development under subclause (II) on or before the effective date of this subclause.

(III) Fifty percent of any revenue required to be transferred under paragraph (3)(v) shall be deposited into the restricted receipts account established under subclause (I)(b), and 50% shall be deposited into the restricted [receipt] receipts account established under subclause (II). Notwithstanding the Capital Facilities Debt Enabling Act, grants made under this clause may be utilized as local matching funds for other grants or loans from the Commonwealth. * * * (iv) [If] (A) Except as provided in

clause (B), if the facility is a Category 3 licensed facility, 2% of the gross terminal revenue from [each such] the licensed facility shall be deposited into a restricted receipts account established in the Department of Community and

Economic Development to be used exclusively for grants to the county, to economic development authorities or redevelopment authorities within the county for grants for economic development projects [and], community improvement projects and other projects in the public interest.

(B) If the facility is a Category 3 licensed facility located in a county of the second class A, 2% of the gross terminal revenue from the licensed facility shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants or guarantees for projects in the host county that qualify under 64 Pa.C.S. §§ 1551 (relating to Business in Our Sites Program), 1556 (relating to Tax Increment Financing Guarantee Program) and 1558 (relating to Water Supply and Wastewater Infrastructure Program). * * *

(3) From the local share assessment established in subsection (b), make quarterly distributions among the municipalities, including home rule municipalities, hosting a licensed facility in accordance with the following schedule:

* * * (v) To a township of the second class hosting a

licensed facility[, other than a Category 3 licensed facility,]

(A) 2% of the gross terminal revenue or $10,000,000 annually, whichever is greater, shall be paid by each licensed gaming entity operating a licensed facility [located in the township], other than a Category 3 licensed facility or a licensed facility owning land adjacent to the licensed facility located in more than one township of the second class, to the township of the second class hosting the licensed facility, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to the designated municipalities shall not exceed 50% of their total budget for fiscal year 2003-2004, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located. [Where the licensed facility is other than a Category 3 and is located in more than one second class township, the] If revenues generated by the 2% do not meet the $10,000,000 minimum specified in this subparagraph, the department shall collect the remainder of the minimum amount of $10,000,000 from each licensed gaming entity operating a licensed facility in the township, pay any balance due to the township and transfer any remainder in accordance with paragraph (2).

(B) 2% of the gross terminal revenue or $10,000,000 annually, whichever is greater, less the amount paid under clause (C), shall be paid by each licensed gaming entity operating a licensed facility and owning land adjacent to the licensed facility located in more than one


township of the second class, other than a Category 3 licensed facility, to the township of the second class hosting the licensed facility, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to the designated municipalities may not exceed 50% of their total budget for the fiscal year 2003-2004, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of the county where the licensed facility is located. The county commissioners of [the] a county of the third class in which the licensed facility is located shall appoint an advisory committee for the purpose of advising the county as to the need for municipal grants for health, safety, transportation and other projects in the public interest to be comprised of two individuals from the host municipality, two from contiguous municipalities within the county of the third class and one from the host county. [A county other than a county of the third class in which the licensed facility is located is not required to appoint an advisory committee and may use funds received under this subparagraph for purposes other than municipal grants.] In the event that the revenues generated by the 2% do not meet the $10,000,000 minimum specified in this subparagraph, the department shall collect the remainder of the minimum amount of $10,000,000 from each licensed gaming entity operating a licensed facility in the township, pay any balance due to the township and transfer any remainder in accordance with paragraph (2).

(C) $160,000 annually shall be paid by each licensed gaming entity operating a licensed facility and owning land adjacent to the licensed facility located in more than one township of the second class, other than a Category 3 licensed facility, to the township of the second class that is located in a county of the fifth class in which the adjacent land is located, including racetracks, grazing fields or any other adjoining real property. * * * (viii) [To] (A) Except as provided in clause (B), to a municipality of any class hosting a Category 3 facility, 2% of the gross terminal revenue from the Category 3 licensed facility located in the municipality, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to the designated municipalities shall not exceed 50% of their total budget for fiscal year 2003-2004, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the

classification of county where the licensed facility is located.

(B) If the municipality hosting a Category 3 licensed facility is a borough located in a county of the third class and the borough is contiguous to a city of the third class, 1% of gross terminal revenue shall be distributed to the host borough and 1% of gross terminal revenue shall be distributed to the city of the third class that is contiguous to the host borough, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to each designated municipality shall not exceed 50% of its total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage increase, if any, in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located. * * *

(e) Reporting.– (1) In cooperation with the department, the Department

of Community and Economic Development shall submit an annual report on all distributions of local share assessments to counties and municipalities under this section to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Community, Economic and Recreational Development Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives and the chairman and minority chairman of the Gaming Oversight Committee of the House of Representatives. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter.

(2) All counties and municipalities receiving distributions of local share assessments under this section shall submit information to the Department of Community and Economic Development on a form prepared by the Department of Community and Economic Development that sets forth the amount and use of the funds received in the prior calendar year. The form shall set forth whether the funds received were deposited in the county's or municipality's General Fund or committed to a specific project or use. (f) Prohibited activities.–

(1) A person or its affiliated entity or a political subdivision shall not compensate or incur an obligation to compensate a person to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. A person or its affiliated entity shall not engage in or agree to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. This subsection shall not apply to a county or municipality that compensates a person to prepare a grant application for funds under this section if the following requirements are met:

(i) The person is not identified in the application. (ii) The person has no direct contact with the

agency, county or municipality providing the funding. (iii) The person is paid a fixed fee or percentage

of the amount of any funds approved, awarded or received up to .5%. (2) A violation of this section shall be considered an

intentional violation of 65 Pa.C.S. § 13A09(e) (relating to


penalties). Section 11.3. Section 1406(a) of Title 4 is amended to read:

§ 1406. Distributions from Pennsylvania Race Horse Development Fund.

(a) Distributions.–Funds [from] in the Pennsylvania Race Horse Development Fund are hereby appropriated to the department on a continuing basis for the purposes set forth in this subsection and shall be distributed to each active and operating Category 1 licensee conducting live racing [in the following manner] as follows:

(1) An amount equal to 18% of the daily gross terminal revenue of each Category 1 licensee shall be distributed to each active and operating Category 1 licensee conducting live racing unless the daily assessments are affected by the daily assessment cap provided for in section 1405(c) (relating to Pennsylvania Race Horse Development Fund). In cases in which the daily assessment cap affects daily assessments, the distribution to each active and operating Category 1 licensee conducting live racing for that day shall be a percentage of the total daily assessments paid into the Pennsylvania Race Horse Development Fund for that day equal to the gross terminal revenue of each active and operating Category 1 licensee conducting live racing for that day divided by the total gross terminal revenue of all active and operating Category 1 licensees conducting live racing for that day. [The] Except as provided in paragraphs (2) and (2.1), the distributions to licensed racing entities from the Pennsylvania Race Horse Development Fund shall be allocated as follows:

(i) Eighty percent shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(ii) For thoroughbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Breeding Fund as defined in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8% shall be deposited on a monthly basis in the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act, and 8% shall be deposited on a monthly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture by rule or by regulation, adopt a standardbred breeders program that will include the administration of Pennsylvania Stallion Award, Pennsylvania Bred Award and a Pennsylvania Sired and Bred Award.

(iii) Four percent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred

jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. (2) [(Reserved).] Beginning January 1, 2010, and for the

remainder of fiscal year 2009-2010, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:




paid by each active and operating Category 1 licensee conducting live racing into the Pennsylvania Race Horse Development Fund for that week; by

(II) the total daily assessments paid by all active and operating Category 1 licensees conducting live racing into the Pennsylvania Race Horse Development Fund for that week. (B) Multiply the quotient under clause



be distributed under subparagraph (ii) or $275,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. The total distributions for health and pension benefits for fiscal year 2009-2010 shall not exceed $11,400,000.


(I) Eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established


by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

(2.1) For fiscal years 2010-2011 through 2012-2013, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:








be distributed under subparagraph (ii) or $220,000 shall be used to fund health and pension benefits for the members of the

horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. The total distribution under this clause in any fiscal year shall not exceed $11,400,000.


(I) Eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.


* * * Section 12. Section 1407(d) introductory paragraph and (7) of

Title 4 are amended and the section is amended by adding subsections to read: § 1407. Pennsylvania Gaming Economic Development and Tourism

Fund. * * * (d) Restrictions on projects for certain counties and cities.–[For]

Except as set forth in subsection (d.1), for a ten-year period beginning with the first fiscal year during which deposits are made into this fund, no moneys from the Pennsylvania Gaming Economic Development and Tourism Fund shall be distributed for any project located in a city or county of the first or second class except as authorized by this subsection. Moneys not used for the authorized projects in cities and counties of the first and second classes may be used throughout this Commonwealth. Moneys from the fund for projects within cities and counties of the first and second classes may only be used for the following projects during this ten-year period:

* * * [(7) for retirement of indebtedness and for financing of a

hotel or convention center in a city of the second class established pursuant to the authority of the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law;]

* * * (d.1) Community and economic development.–

(1) Notwithstanding subsection (b) or any other provision of law to the contrary, the money authorized but not expended under former subsection (d)(7) as of the effective date of this subsection shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority exclusively for eligible applications submitted by the redevelopment authority of a county of the second class created pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, for economic development, infrastructure development, job training, community improvement, public safety or other projects in the public interest located in a county of the second class. Community development corporations, political subdivisions, urban redevelopment authorities, municipal authorities, for-profit entities and nonprofit entities located in a county of the second class shall be eligible to receive funds made available under this paragraph.

(2) Notwithstanding the Capital Facilities Debt Enabling Act, funding under the paragraph (1) may be utilized as local matching funds for grants or loans from the Commonwealth. (e) Annual report.–The Office of the Budget, in cooperation with

the Department of Community and Economic Development and the Commonwealth Financing Authority, shall submit an annual report of all distribution of funds under this section to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Community, Economic and Recreational Development Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives and the chairman and minority chairman of the Gaming Oversight Committee of the House of Representatives. The report shall include detailed information relating to transfers made from the Pennsylvania Gaming Economic Development and Tourism Fund and all reimbursements, distributions and payments made under subsection (b) or the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter.

(f) Local report.–A city of the first class, city of the second class, county of the second class, convention center or convention center authority, sports and exhibition authority of a county of the second class, urban redevelopment authority, airport authority or other entity that receives money from the fund pursuant to an Economic Development Capital Budget under subsection (b) or the Pennsylvania

Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007 shall submit an annual report to the Office of the Budget. The report shall include detailed information, including records of expenditures, payments and other distributions made from funds received under subsection (b). The initial report shall include information on all funds received prior to August 31, 2010. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter until all funds under this section are distributed or received. An entity that receives funds for the first time after the effective date of this section shall submit its initial report by August 31 of the year following receipt of the funds.

(g) Distribution to international airport.–Notwithstanding the provisions of section 7(d) of the act of July 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, following the distribution of $42.5 million of funds allocated to a county of the second class for debt service and economic development projects for an international airport in the county under section 3(2)(i)(E) of said act, all remaining funds shall be distributed directly to an authority that operates an international airport in the county.

Section 13. Section 1408(a), (c) and (e) of Title 4 are amended and the section is amended by adding a subsection to read: § 1408. Transfers from State Gaming Fund.

(a) Transfer for compulsive and problem gambling treatment.–Each year, the sum of [$1,500,000] $2,000,000 or an amount equal to [.001] .002 multiplied by the total gross terminal revenue of all active and operating licensed gaming entities, whichever is greater, shall be transferred into the Compulsive and Problem Gambling Treatment Fund established in section 1509 (relating to compulsive and problem gambling program).

(a.1) Transfer.–Beginning on the first business day of January 2010 and annually thereafter, the sum of $3,000,000 shall be transfered to the Department of Health to be used to provide drug and alcohol addiction treatment services, including treatment for drug and alcohol addiction related to compulsive and problem gambling, as set forth in section 1509.1 (relating to drug and alcohol treatment).

* * * (c) Local law enforcement grants.–Annually, the sum of

[$5,000,000] $2,000,000 shall be transferred to the board for the purpose of issuing grants to local law enforcement agencies to [enforce and prevent the unlawful operation of slot machines] investigate violations of and enforce laws relating to unlawful gambling in this Commonwealth. For purposes of this subsection, the term "local law enforcement agency" shall include the Pennsylvania State Police when conducting unlawful gambling enforcement and prevention activities in a municipality which does not have a municipal police department and in which the Pennsylvania State Police provide the municipality with primary police coverage.

* * * (e) Transfer to Property Tax Relief Fund.–Monthly, the State

Treasurer shall transfer the remaining balance in the State Gaming Fund which is not allocated in subsections (a), (a.1), (b), (c) and (d) to the Property Tax Relief Fund established in section 1409 (relating to Property Tax Relief Fund).

Section 13.1. Section 1505 of Title 4 is amended to read: § 1505. No eminent domain authority.

Neither the Commonwealth nor any political subdivision thereof shall have the right to acquire, with or without compensation, through the power of eminent domain any property, easement or land use right for the siting or construction of a licensed facility [for the operation of slot machines by a slot machine licensee].

Section 13.2. Section 1509(a), (b), (c) and (d) of Title 4 are amended and the section is amended by adding subsections to read: § 1509. Compulsive and problem gambling program.

(a) Establishment of program.–The Department of Health, in consultation with organizations similar to the Mid-Atlantic Addiction Training Institute, shall develop program guidelines for public education, awareness and training regarding compulsive and problem


gambling and the treatment and prevention of compulsive and problem gambling. The guidelines shall include strategies for the prevention of compulsive and problem gambling. The Department of Health may consult with the board and licensed gaming entities to develop such strategies. [The program shall include:

(1) Maintenance of a compulsive gamblers assistance organization's toll-free problem gambling telephone number to provide crisis counseling and referral services to families experiencing difficulty as a result of problem or compulsive gambling.

(2) The promotion of public awareness regarding the recognition and prevention of problem or compulsive gambling.

(3) Facilitation, through in-service training and other means, of the availability of effective assistance programs for problem and compulsive gamblers and family members affected by problem and compulsive gambling.

(4) Conducting studies to identify adults and juveniles in this Commonwealth who are or are at risk of becoming problem or compulsive gamblers.

(5) Providing grants to and contracting with organizations which provide services as set forth in this section.

(6) Providing reimbursement for organizations for reasonable expenses in assisting the Department of Health in carrying out the purposes of this section.] (a.1) Duties of Department of Health.–From funds available in

the Compulsive and Problem Gambling Treatment Fund, the Department of Health shall:

(1) Maintain a compulsive gamblers assistance organization's toll-free problem gambling telephone number to provide crisis counseling and referral services to individuals and families experiencing difficulty as a result of problem or compulsive gambling.

(2) Facilitate, through in-service training and other means, the availability of effective assistance programs for problem and compulsive gamblers and family members affected by problem and compulsive gambling.

(3) At its discretion, conduct studies to identify individuals in this Commonwealth who are or are at risk of becoming problem or compulsive gamblers.

(4) Provide grants to and contract with single county authorities and other organizations which provide services as set forth in this section.

(5) Reimburse organizations for reasonable expenses incurred assisting the Department of Health with implementing this section. (a.2) Duties of Department of Health and board.–Within 60 days

following the effective date of this subsection, the Department of Health's Bureau of Drug and Alcohol Programs and the board's Office of Compulsive and Problem Gambling shall jointly collaborate with other appropriate offices and agencies of State or local government, including single county authorities, and providers and other persons, public or private, with expertise in compulsive and problem gambling treatment to do the following:

(1) Implement a strategic plan for the prevention and treatment of compulsive and problem gambling.

(2) Adopt compulsive and problem gambling treatment standards to be integrated with the Bureau of Drug and Alcohol Program's uniform Statewide guidelines that govern the provision of addiction treatment services.

(3) Develop a method to coordinate compulsive and problem gambling data collection and referral information to crisis response hotlines, child welfare and domestic violence programs and providers and other appropriate programs and providers.

(4) Develop and disseminate educational materials to provide public awareness related to the prevention, recognition and treatment of compulsive and problem gambling.

(5) Develop demographic-specific compulsive and

problem gambling prevention, intervention and treatment programs.

(6) Prepare an itemized budget outlining how funds will be allocated to fulfill the responsibilities under this section. (b) Compulsive and Problem Gambling Treatment Fund.–There

is hereby established in the State Treasury a special fund to be known as the Compulsive and Problem Gambling Treatment Fund. All moneys in the fund shall be [expended] administered by the Department of Health and expended solely for programs for the prevention and treatment of gambling addiction and other emotional and behavioral problems associated with or related to gambling addiction and for the administration of the compulsive and problem gambling program[.]; provided that the Department of Health shall annually distribute at least 50% of the money in the fund to single county authorities under subsection (d). The fund shall consist of money annually allocated to it from the annual payment established under section [1408] 1408(a) (relating to transfers from State Gaming Fund), money which may be allocated by the board, interest earnings on moneys in the fund and any other contributions, payments or deposits which may be made to the fund.

(c) Notice of availability of assistance.– (1) Each slot machine licensee shall obtain a toll-free

telephone number to be used to provide persons with information on assistance for compulsive or problem gambling. Each licensee shall conspicuously post at least 20 signs similar to the following statement:

If you or someone you know has a gambling problem, help is available. Call (Toll-free telephone number).

The signs must be posted within 50 feet of each entrance and exit [and], within 50 feet of each automated teller machine location within the licensed facility and in other appropriate public areas of the licensed facility as determined by the slot machine licensee.

(2) Each racetrack where slot machines are operated shall print a statement on daily racing programs provided to the general public that is similar to the following:

If you or someone you know has a gambling problem, help is available. Call (Toll-free telephone number). (3) A licensed facility which fails to post or print the

warning sign in accordance with paragraph (1) or (2) shall be assessed a fine of $1,000 a day for each day the [sign is] minimum number of signs are not posted or the required statement is not printed as provided in this subsection. (d) Single county authorities.–The Department of Health [may]

shall make grants from the fund established under subsection (b) to [a single county authority] single county authorities created pursuant to the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act, for the purpose of providing compulsive gambling and gambling addiction prevention, treatment and education programs. Treatment may include financial counseling, irrespective of whether the financial counseling is provided by the single county authority, the treatment service provider or subcontracted to a third party. It is the intention of the General Assembly that any grants [that] made by the Department of Health [may make] to any single county authority in accordance with the provisions of this subsection be used exclusively for the development and implementation of compulsive and problem gambling programs authorized under [subsection (a)] this section.

(d.1) Eligibility.–Eligibility to receive treatment services for treatment of compulsive and problem gambling under this section shall be determined using financial eligibility and other requirements of the single county authorities as approved by the Department of Health.

(d.2) Report.–No later than October 1, 2010, and each October 1 thereafter, the Department of Health, in consultation with the board, shall prepare and submit a report on the impact of the programs funded by the Compulsive and Problem Gambling Treatment Fund to the Governor and to the members of the General Assembly. The report shall include aggregate demographic-specific data, including race,


gender, geography and income of those individuals treated. * * * Section 13.3. Title 4 is amended by adding a section to read:

§ 1509.1. Drug and alcohol treatment. (a) Duties of Department of Health.–Annually, the Department

of Health shall allocate and transfer all funds received by it under section 1408(a.1) (relating to transfers from State Gaming Fund) to the single county authorities.

(b) Duties of single county authorities.–The funds allocated and transferred to the single county authorities under subsection (a) shall be used by the single county authorities solely for drug and alcohol addiction assessments, including drug and alcohol addiction assessment associated or related to compulsive and problem gambling, and for the related addiction treatment, in nonhospital residential detoxification facilities, nonhospital residential rehabilitation facilities and halfway houses licensed by the Department of Health to provide addiction treatment services.

(c) Eligibility.–Eligibility to receive treatment services for treatment of drug and alcohol addiction or drug and alcohol addiction associated with or related to compulsive and problem gambling shall be determined using financial eligibility and other requirements of the single county authorities as approved by the Department of Health.

(d) Report.–No later than October 1, 2010, and each October 1 thereafter, the Bureau of Drug and Alcohol Programs shall prepare and submit a report to the Governor and to the members of the General Assembly on the data and progress on activities initiated under this section.

Section 13.4. Sections 1510(a), 1511(b) and 1512(a.1), (a.5) and (b) of Title 4 are amended to read: § 1510. Labor hiring preferences.

(a) Category 1, 2, and 3 licensed facilities, generally.–Each licensed gaming entity shall prepare a hiring plan for employees of its respective licensed facility which promotes a diverse work force, minority participation and personnel from within the surrounding geographical area. The hiring plan shall be approved by the board and shall be consistent with the goals outlined in section 1212 (relating to diversity goals of board) and shall be updated annually.

* * * § 1511. Declaration of exemption from Federal laws prohibiting slot

machines. * * * (b) Legal shipments.–All shipments of slot machines into this

Commonwealth, the registering, recording and labeling of which has been effected by the manufacturer and supplier of those devices, in accordance with sections [5 and 7] 3 and 4 of the Gambling Devices Transportation Act (64 Stat. 1134, 15 U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal shipments of [slot machines] gambling devices into this Commonwealth. § 1512. Financial and employment interests.

* * * (a.1) Employment.–Except as may be provided by rule or order

of the Pennsylvania Supreme Court and except as provided in section 1202.1 (relating to code of conduct) or 1512.1 (relating to additional restrictions), no executive-level public employee, public official or party officer, or an immediate family member thereof, shall be employed by an applicant or a slot machine licensee, manufacturer licensee, supplier licensee or licensed racing entity, or by any holding company, affiliate, intermediary or subsidiary thereof, while the individual is an executive-level public employee, public official or party officer and for one year following termination of the individual's status as an executive-level public employee, public official or party officer.

* * * (a.5) State Ethics Commission.–The State Ethics Commission

shall [publish] do all of the following: (1) Issue a written determination of whether a person is

subject to subsections (a), (a.1) or (a.2) upon the written request of the person or any other person that may have liability for an

action taken with respect to such person. A person that relies in good faith on a determination made under this paragraph shall not be subject to any penalty for an action taken, provided that all material facts set forth in the request for the determination are correct.

(2) Publish a list of all State, county, municipal and other government positions that meet the definitions of "public official" as defined under subsection (b) or "executive-level public employee" [under subsection (b)]. The Office of Administration shall assist the State Ethics Commission in the development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially and posted by the board on the board's Internet website. Upon request, each public official shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any individual, including any public official or executive-level public employee, who fails to cooperate with the State Ethics Commission under this subsection. A person that relies in good faith on the list published by the State Ethics Commission shall not be subject to any penalty for a violation of this section. (b) Definitions.–As used in this section, the following words and

phrases shall have the meanings given to them in this subsection: ["Executive-level public employee." The term shall include the


Governor's Office executive staff. (2) An employee of the Executive Branch with

discretionary power which may affect or influence the outcome of a State agency's action or decision and who is involved in the development of regulations or policies relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.

(3) An employee of a county or municipality with discretionary powers which may affect or influence the outcome of the county's or municipality's action or decision and who is involved in the development of law, regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.

(4) An employee of a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may affect or influence the outcome of the governmental body's action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.] "Financial interest." Owning or holding, or being deemed to

hold, debt or equity securities or other ownership interest or profits interest. A financial interest shall not include any debt or equity security, or other ownership interest or profits interest, which is held or deemed to be held in any of the following:

(1) A blind trust over which the executive-level public employee, public official, party officer or immediate family member thereof may not exercise any managerial control or receive income during the tenure of office and the period under subsection (a). The provisions of this paragraph shall apply only to blind trusts established prior to the effective date of this paragraph.

(2) Securities that are held in a pension plan, profit-sharing plan, individual retirement account, tax-sheltered annuity, a plan established pursuant to section 457 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) or any successor provision deferred compensation plan whether qualified or not qualified under the Internal Revenue


Code of 1986 or any successor provision or other retirement plan that:

(i) is not self-directed by the individual; and (ii) is advised by an independent investment

adviser who has sole authority to make investment decisions with respect to contributions made by the individual to these plans. (3) A tuition account plan organized and operated

pursuant to section 529 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 529) that is not self-directed by the individual.

(4) A mutual fund where the interest owned by the mutual fund in a licensed entity does not constitute a controlling interest as defined in this part. "Immediate family." A spouse, minor child or unemancipated

child. ["Law enforcement authority." The power to conduct

investigations of or to make arrests for criminal offenses.] "Party officer." A member of a national committee; a chairman,

vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee; a county chairman, vice chairman, counsel, secretary or treasurer of a county committee in which a licensed facility is located; or a city chairman, vice chairman, counsel, secretary or treasurer of a city committee of a city in which a licensed facility is located.

"Public official." The term shall include the following: (1) The Governor, Lieutenant Governor, a member of

the Governor's cabinet, Treasurer, Auditor General and Attorney General of the Commonwealth.

(2) A member of the Senate or House of Representatives of the Commonwealth.

(3) An individual elected or appointed to any office of a county or municipality that directly receives a distribution of revenue under this part.

(4) An individual elected or appointed to a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) that directly receives a distribution of revenue under this part.

(5) An individual elected or appointed to a department, agency, board, commission, authority, county, municipality or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may influence or affect the outcome of an action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part.

The term does not include a member of a school board or an individual who held an uncompensated office with a governmental body prior to January 1, 2006, and who no longer holds the office as of January 1, 2006. The term includes a member of an advisory board or commission which makes recommendations relating to a licensed facility.

Section 14. Title 4 is amended by adding a section to read: § 1512.1. Additional restrictions.

(a) Restrictions.–No individual trooper or employee of the Pennsylvania State Police or employee of the Office of Attorney General or the department whose duties substantially involve licensing or enforcement, the development of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part shall do any of the following:

(1) Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years after the termination of employment.

(2) Appear before the board in any hearing or proceeding or participate in any other activity on behalf of any applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant,

licensee or licensed entity, for a period of two years after termination of employment. Nothing in this paragraph shall prevent a current or former trooper or employee of the Pennsylvania State Police, the Office of Attorney General or the department from appearing before the board in any proceeding or hearing as a witness or testifying as to any fact or information.

(3) As a condition of employment, an individual subject to this subsection shall sign an affidavit that the individual will not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years after the termination of employment. (b) Employment or retention.–An applicant or licensed entity or

an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity shall not employ or retain an individual who signed an affidavit required by subsection (a)(3) until the expiration of the period required in subsection (a)(1). An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this subsection shall terminate the employment of the individual and be subject to a penalty under section 1518(c) (relating to prohibited acts; penalties).

(c) Violation.–If an individual subject to subsection (a) refuses or otherwise fails to sign an affidavit, the individual's employer shall terminate the employment.

(d) Code of conduct.–The Pennsylvania State Police, Office of Attorney General and department each shall adopt a comprehensive code of conduct which shall supplement all other requirements under this part and 65 Pa.C.S. Pt. II (relating to accountability), as applicable, and shall provide guidelines applicable to troopers, employees, independent contractors of the agency whose duties substantially involve licensing or enforcement, the development of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part, and the immediate families of these individuals to enable them to avoid any perceived or actual conflict of interest and to promote public confidence in the integrity and impartiality of gaming enforcement and regulation. At a minimum, the code of conduct adopted under this section shall apply the types of restrictions applicable to members under section 1202.1(c), except that the restrictions under section 1202.1(c)(5) shall not apply to an elected Attorney General.

(e) State Ethics Commission.–The State Ethics Commission shall do all of the following:

(1) Issue a written determination of whether an individual is subject to subsection (a) upon the written request of the individual or the individual's employer or potential employer. A person that relies in good faith on a determination made under this paragraph shall not be subject to any penalty for an action taken, provided that all material facts set forth in the request for the determination are correct.

(2) Publish a list of all positions within the Pennsylvania State Police, the Office of Attorney General and the department whose duties would subject the individuals in those positions to the provisions of subsection (a). Each agency subject to this subsection shall assist the State Ethics Commission in the development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially, shall be posted by the board on the board's Internet website and shall be posted by each agency on the agency's Internet website. Upon request by the State Ethics Commission, members and employees of each agency subject to this subsection shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any individual who fails to cooperate with the State Ethics Commission under this subsection. A person who relies in good faith on the list


published by the State Ethics Commission shall not be subject to any penalty for a violation of subsection (a). Section 14.1. Sections 1513(c) and 1514 heading, (b), (f), (g)

and (h) of Title 4 are amended to read: § 1513. Political influence.

* * * (c) Penalties.–

(1) The first violation of this section by a licensed gaming entity or any person that holds a controlling interest in such gaming entity, or a subsidiary company thereof, [and] or any officer, director or management-level employee of such licensee shall be punishable by a fine [of] equal to an amount not less than [an] the average single day's gross terminal revenue of the licensed gaming entity [derived from the operation of slot machines in this Commonwealth]; a second violation of this section, within five years of the first violation, shall be punishable by at least a one-day suspension of the license held by the licensed gaming entity and a fine equal to an amount not less than [an] two times the average [two days'] single day's gross terminal revenue of the licensed gaming entity; a third violation of this section within five years of the second violation shall be punishable by the immediate revocation of the license held by the licensed gaming entity. Following revocation, the board shall consider appointing a trustee in accordance with section 1332 (relating to appointment of trustee).

(2) The first violation of this section by a manufacturer or supplier licensed pursuant to this part or by any person that holds a controlling interest in such manufacturer or supplier, or a subsidiary company thereof, [and] or any officer, director or management-level employee of such a licensee shall be punishable by a fine [of] equal to an amount not less than [one] a single day's average of the gross profit from sales made by the manufacturer or supplier in Pennsylvania during the preceding 12-month period or portion thereof in the event the manufacturer or supplier has not operated in Pennsylvania for 12 months; a [second] subsequent violation of this section within five years of [the first] a prior violation shall be punishable by a one-month suspension of the license held by the manufacturer or supplier and a fine [of] equal to an amount not less than two times [one] a single day's average of the gross profit from sales made by the manufacturer or supplier in Pennsylvania during the preceding 12-month period or portion thereof in the event the manufacturer or supplier has not operated in Pennsylvania for 12 months.

(3) In no event shall the fine imposed under this section be [in] an amount less than [$50,000] $100,000 for each violation. In addition to any fine or sanction that may be imposed by the board under this subsection, any [person] individual who makes a contribution in violation of this section commits a misdemeanor of the third degree. * * *

§ 1514. Regulation requiring exclusion or ejection of certain persons. * * * (b) Categories to be defined.–The board shall promulgate

definitions establishing those categories of persons who shall be excluded or ejected pursuant to this section, including cheats and persons whose privileges for licensure, certification, permit or registration have been revoked.

* * * (f) Notice.–Whenever the [board places] bureau seeks to place

the name of any person on a list pursuant to this section, the [board] bureau shall serve notice of this fact to such person by personal service or certified mail at the last known address of the person. The notice shall inform the individual of the right to request a hearing under subsection (g).

(g) Hearing.–Within 30 days after receipt of notice in accordance with subsection (f), the person named for exclusion or ejection may demand a hearing before the board, at which hearing the [board] bureau shall have the affirmative obligation to demonstrate that

the person named for exclusion or ejection satisfies the criteria for exclusion or ejection established by this section and the board's regulations. Failure of the person to demand a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the [board's] bureau's notice and shall preclude [a] the person from having an administrative hearing, but shall in no way affect the right to judicial review as provided in this section.

(h) Review.–If, upon completion of a hearing on the notice of exclusion or ejection, the board determines that placement of the name of the person on the exclusion or ejection list is appropriate, the board shall make and enter an order to that effect, which order shall be served on all [slot machine licensees] licensed gaming entities. The order shall be subject to review by the Commonwealth Court in accordance with the rules of court.

Section 14.2. Title 4 is amended by adding a section to read: § 1516.1. Prosecutorial and adjudicatory functions.

The board shall promulgate regulations and adopt procedures necessary to ensure that the bureau is a distinct entity and to prevent commingling of the investigatory and prosecutorial functions of the bureau under section 1517 (relating to investigations and enforcement) and the adjudicatory functions of the board. Regulations and procedures promulgated or adopted under this section shall do all of the following:

(1) Provide that neither the executive director nor the chief counsel of the board shall direct or limit the scope of a background investigation conducted by the bureau.

(2) Incorporate section 1202.1(c.1) (relating to code of conduct) and any other applicable provisions of section 1202.1. Section 15. Section 1517(a.1)(2) and (6), (b)(1) and (e)(1) of

Title 4 are amended, subsection (a.2)(1) is amended by adding a subparagraph and subsection (c) is amended by adding paragraphs to read: § 1517. Investigations and enforcement.

* * * (a.1) Powers and duties of bureau.–The Bureau of Investigations

and Enforcement shall have the following powers and duties: * * * (2) Investigate and review all applicants for a license,

permit or registration. The bureau shall be prohibited from disclosing any portion of a background investigation report to any board member prior to the submission of the bureau's final background investigation report relating to the applicant's suitability for licensure to the board. The Office of Enforcement Counsel, on behalf of the bureau, shall prepare the final background investigation report for inclusion in a final report relating to the applicant's suitability for licensure.

* * * (6) Conduct [audits] reviews of a licensed entity as

necessary to ensure compliance with this part. [An audit] A review may include the review of accounting, administrative and financial records, management control systems, procedures and other records utilized by a licensed entity.

* * * (a.2) Office of Enforcement Counsel.–

(1) There is established within the bureau an Office of Enforcement Counsel which shall act as the prosecutor in all noncriminal enforcement actions initiated by the bureau under this part and shall have the following powers and duties:

* * * (iv) Petition the board for the appointment of a

trustee under section 1332 (relating to appointment of trustee). * * *

(b) Powers and duties of department.– (1) The department shall at all times have the power of

access to [examination] examine and audit [of any] equipment and records relating to all aspects of the operation of slot machines under this part.


* * * (c) Powers and duties of the Pennsylvania State Police.–The

Pennsylvania State Police shall have the following powers and duties: * * * (1.1) Promptly conduct a background investigation on an

individual selected by the board to fill the position of executive director of the board, director of the bureau, chief counsel of the board or the director of the Office of Enforcement Counsel and submit the results to the board.

* * * (14) By March 1 of each year, the Commissioner of the

Pennsylvania State Police shall submit a report to the Appropriations Committee of the Senate, the Community, Economic and Recreational Development Committee of the Senate, the Appropriations Committee of the House of Representatives and the Gaming Oversight Committee of the House of Representatives. The report shall summarize all law enforcement activities at each licensed facility during the previous calendar year and shall include all of the following:

(i) The number of arrests made and citations issued at each licensed facility and the name of the law enforcement agency making the arrest or issuing the citation.

(ii) A list of specific offenses charged for each arrest made or citation issued.

(iii) The number of criminal prosecutions resulting from arrests made or citations issued.

(iv) The number of convictions resulting from prosecutions reported under subparagraph (iii).

(v) The number of Pennsylvania State Police troopers assigned to each licensed facility and to the gaming unit at the Pennsylvania State Police headquarters.

(vi) The number and the subject matter of complaints made against Pennsylvania State Police troopers in licensed facilities and the type of disciplinary actions taken by the Pennsylvania State Police, if any, against the Pennsylvania State Police troopers.

(vii) The closest local police station, Pennsylvania State Police station and regional Pennsylvania State Police headquarters to each licensed facility.

* * * (e) Inspection, seizure and warrants.–

(1) The bureau, the department and the Pennsylvania State Police shall have the authority without notice and without warrant to do all of the following in the performance of their duties:

(i) Inspect and examine all premises where slot machine operations are conducted, [gaming devices or] slot machines and associated equipment are manufactured, sold, distributed or serviced or where records of these activities are prepared or maintained.

(ii) Inspect all equipment and supplies in, about, upon or around premises referred to in subparagraph (i).

(iii) Seize, summarily remove and impound equipment and supplies from premises referred to in subparagraph (i) for the purposes of examination and inspection.

(iv) Inspect, examine and audit all books, records and documents pertaining to a slot machine licensee's operation.

(v) Seize, impound or assume physical control of any book, record, ledger, game, device, cash box and its contents, [counting] count room or its equipment or slot machine operations.

* * * Section 16. Section 1517.2 of Title 4 is amended to read:

§ 1517.2. Conduct of [public officials and] board employees. (a) [Ex parte discussion prohibited.–An attorney representing the

bureau or the Office of Enforcement Counsel, or an employee of the bureau or office involved in the hearing process, shall not discuss the case ex parte with a hearing officer, chief counsel or member] (Reserved).

(b) [Other prohibitions.–A hearing officer, the chief counsel or a member shall not discuss or exercise any supervisory responsibility over any employee with respect to an enforcement hearing with which the employee is involved] (Reserved).

(c) Disqualification.–If it becomes necessary for the chief counsel or a member to become involved on behalf of the board in any enforcement proceeding, the chief counsel or the member shall be prohibited from participating in the adjudication of that matter and shall designate appropriate individuals to exercise adjudicatory functions.

Section 16.1. Section 1518(a)(2), (4), (5), (7) and (13), (b)(1) and (2) and (c)(3) of Title 4 are amended, subsections (a) and (b) are amended by adding paragraphs and the section is amended by adding subsections to read: § 1518. Prohibited acts; penalties.

(a) Criminal offenses.– * * * (2) It shall be unlawful for a person to willfully:

(i) fail to report, pay or truthfully account for and pay over any license fee, authorization fee, tax or assessment imposed under this part; or

(ii) attempt in any manner to evade or defeat any license fee, authorization fee, tax or assessment imposed under this part. * * * (4) It shall be unlawful for any licensed entity or other

person to manufacture, supply or place slot machines or associated equipment into play or display slot machines or associated equipment on the [premise] premises of a licensed facility without the authority of the board.

(5) Except as provided for in section 1326 (relating to license renewals), it shall be unlawful for a licensed entity or other person to manufacture, supply, operate, carry on or expose for play any slot machine or associated equipment after the person's license has expired and prior to the actual renewal of the license.

* * * (7) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to use or possess a cheating or thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine-issued tickets or vouchers at a licensed facility.

(ii) An authorized employee of a licensee or an employee of the board may possess and use a cheating or thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine-issued tickets or vouchers in performance of the duties of employment.

[(iii) As used in this paragraph, the term "cheating or thieving device" includes, but is not limited to, a device to facilitate the alignment of any winning combination or to remove from any slot machine money or other contents. The term includes, but is not limited to, a tool, drill, wire, coin or token attached to a string or wire and any electronic or magnetic device.] * * * (13) It shall be unlawful for [any person] an individual

under [18] 21 years of age to [be permitted in the] enter and remain in any area of a licensed facility where slot machines are operated, except that an individual 18 years of age or older employed by a slot machine licensee may enter and remain in


any such area while in the performance of the individual's employment duties being performed on behalf of the slot machine licensee.

(13.1) It shall be unlawful for an individual under 21 years of age to wager, play or attempt to play a slot machine at a licensed facility.

(14) (Reserved). (15) (Reserved). (16) An individual that engages in conduct prohibited by

18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transfer of liquor or malt or brewed beverages) in a licensed facility commits a nongambling offense.

(17) It shall be unlawful for an individual to claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a slot machine, with the intent to defraud, or to claim, collect or take an amount greater than the amount won, or to manipulate with the intent to cheat, any component of any slot machine in a manner contrary to the designed and normal operational purpose. (b) Criminal penalties and fines.–

(1) (i) A person that commits a first offense in violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits an offense to be graded in accordance with the applicable section violated. A person that is convicted of a second or subsequent violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits a felony of the second degree.

(ii) A person that violates subsection (a)(2) through (12) or (17) commits a misdemeanor of the first degree. A person that is convicted of a second or subsequent violation of subsection (a)(2) through (12) or (17) commits a felony of the second degree. (2) (i) For a first violation of subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of:

(A) not less than $75,000 nor more than $150,000 if the person is an individual;

(B) not less than $300,000 nor more than $600,000 if the person is a licensed gaming entity; or

(C) not less than $150,000 nor more than $300,000 if the person is a licensed manufacturer or supplier. (ii) For a second or subsequent violation of

subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of:


(B) not less than $600,000 nor more than $1,200,000 if the person is a licensed gaming entity; or

(C) not less than $300,000 nor more than $600,000 if the person is a licensed manufacturer or supplier.

(3) An individual who commits an offense in violation of subsection (a)(13) or (13.1) commits a nongambling summary offense and upon conviction of a first offense shall be sentenced to pay a fine of not less than $200 nor more than $1,000. An individual that is convicted of a second or subsequent offense under subsection (a)(13) or (13.1) shall be sentenced to pay a fine of not less than $500 nor more than $1,500. In addition to the

fine imposed, an individual convicted of an offense under subsection (a)(13) or (13.1) may be sentenced to perform a period of community service not to exceed 40 hours.

(4) An individual that commits an offense in violation of subsection (a)(16) commits a nongambling offense to be graded in accordance with 18 Pa.C.S. § 6308 and shall be subject to the same penalties imposed pursuant to 18 Pa.C.S. §§ 6308 and 6310.4 (relating to restriction of operating privileges) except that the fine imposed for a violation of subsection (a)(16) shall be not less than $350 nor more than $1,000. (c) Board-imposed administrative sanctions.–

* * * (3) In addition to any other fines or penalties that the

board may impose under this part or regulation, if a person violates subsection (a)(2), the board shall impose an administrative penalty of three times the amount of the license fee, authorization fee, tax or other assessment evaded and not paid, collected or paid over. This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. (d) Aiding and abetting.–A person who aids, abets, counsels,

commands, induces, procures or causes another person to violate a provision of this part shall be subject to all sanctions and penalties, both civil and criminal, provided under this part.

(e) Continuing offenses.–A violation of this part that is determined to be an offense of a continuing nature shall be deemed to be a separate offense on each event or day during which the violation occurs. Nothing in this section shall be construed to preclude the commission of multiple violations of the provisions of this part in any one day that establish offenses consisting of separate and distinct acts or violations of the provisions of this part or regulations promulgated under this part.

(f) Property subject to seizure, confiscation, destruction or forfeiture.–Any equipment, device or apparatus, money, material, gaming proceeds or substituted proceeds or real or personal property used, obtained or received or any attempt to use, obtain or receive the device, apparatus, money, material, proceeds or real or personal property in violation of this part, shall be subject to seizure, confiscation, destruction or forfeiture.

Section 17. Title 4 is amended by adding sections to read: § 1518.1. Report of suspicious transactions.

(a) Duty.–A slot machine licensee or a person acting on behalf of a slot machine licensee shall file a report of any suspicious transaction with the bureau. The filing with the bureau of a copy of a report made under 31 CFR 103.21 (relating to reports by casinos of suspicious transactions) shall satisfy this requirement.

(b) Failure to report.– (1) A person required under this section to file a report

of a suspicious transaction who knowingly fails to file a report of a suspicious transaction or who knowingly causes another person having that responsibility to fail to file a report commits a misdemeanor of the third degree.

(2) A person required under this section to file a report of a suspicious transaction who fails to file a report or a person who causes another person required under this section to file a report of a suspicious transaction to fail to file a report shall be strictly liable for his actions and may be subject to sanction under section 1518(c) (relating to prohibited acts; penalties). (c) Bureau.–The bureau shall maintain a record of all reports

made under this section for a period of five years. The bureau shall make the reports available to any Federal or State law enforcement agency upon written request and without necessity of subpoena.

(d) Notice prohibited.–A person who is required to file a report of a suspicious transaction under this section shall not notify any individual suspected of committing the suspicious transaction that the transaction has been reported. Any person that violates this subsection commits a misdemeanor of the third degree and may be subject to sanction under section 1518(c).

(e) Immunity.–A person who is required to file a report of a


suspicious transaction under this section who in good faith makes the report shall not be liable in any civil action brought by any person for making the report, regardless of whether the transaction is later determined to be suspicious.

(f) Sanctions.– (1) In considering appropriate administrative sanctions

against any person for a violation of this section, the board shall consider all of the following:

(i) The risk to the public and to the integrity of gaming operations created by the conduct of the person.

(ii) The seriousness of the conduct of the person and whether the conduct was purposeful and with knowledge that it was in contravention of the provisions of this part or regulations promulgated under this part.

(iii) Any justification or excuse for the conduct by the person.

(iv) The prior history of the particular licensee or person involved with respect to gaming activity.

(v) The corrective action taken by the slot machine licensee to prevent future misconduct of a like nature from occurring.

(vi) In the case of a monetary penalty, the amount of the penalty in relation to the severity of the misconduct and the financial means of the licensee or person. The board may impose any schedule or terms of payment of such penalty as it may deem appropriate. (2) It shall be no defense to disciplinary action before

the board that a person inadvertently, unintentionally or unknowingly violated a provision of this section. The factors under paragraph (1) shall only go to the degree of the penalty to be imposed by the board and not to a finding of a violation itself. (g) Regulations.–The board shall promulgate regulations to

effectuate the purposes of this section. § 1518.2. Additional authority.

(a) General rule.–The director of the Office of Enforcement Counsel within the bureau may petition a court of record having jurisdiction over information in the possession of an agency in this Commonwealth, or if there is no such court, then the Commonwealth Court for authorization to review or obtain information in the possession of an agency in this Commonwealth by averring specific facts demonstrating that the agency has in its possession information material to a pending investigation or inquiry being conducted by the bureau pursuant to this part and that disclosure or release is in the best interest of the Commonwealth. The petition shall request that the court enter a rule upon the agency to show cause why the agency should not be directed to disclose to the bureau, or identified agents thereof, information in its possession about any pending matter under the jurisdiction of the bureau pursuant to this part. If a respondent is a local agency, a copy of any rule issued pursuant to this section shall be provided to the district attorney of the county in which the local agency is located and the Office of Attorney General. Upon request of a local agency, the district attorney or the Attorney General may elect to enter an appearance to represent the local agency in the proceedings.

(b) Procedure.–The filing of a petition pursuant to this section and related proceedings shall be in accordance with court rule, including issuance as of course. A party shall not disclose the filing of a petition or answer or the receipt, content or disposition of a rule or order issued pursuant to this section without leave of court. Any party to the proceedings may request that the record be sealed and proceedings be closed. The court shall grant the request if it is in the best interest of any person or the Commonwealth to do so.

(c) Court determination.–Following review of the record, the court shall grant the relief sought by the director of the Office of Enforcement Counsel if the court determines that the agency has in its possession information material to the investigation or inquiry and that disclosure or release of the information is in the best interest of the Commonwealth, that the disclosure or release of the information is not otherwise prohibited by statute or regulation and that the disclosure or

release of the information would not inhibit an agency in the performance of the agency's duties. If the court so determines, the court shall enter an order authorizing and directing the information be made available for review in camera.

(d) Release of materials or information.–If, after an in camera review by the court, the director of the Office of Enforcement Counsel seeks to obtain copies of materials in the agency's possession, the court may, if not otherwise prohibited by statute or regulation, enter an order that the requested materials be provided. Any order authorizing the release of materials or other information shall contain direction regarding the safekeeping and use of the materials or other information sufficient to satisfy the court that the materials or information will be sufficiently safeguarded. In making this determination the court shall consider the input of the agency in possession of the information and any input from any agency with which the information originated concerning any pending investigation or ongoing matter and the safety of person and property.

(e) Modification of order.–If subsequent investigation or inquiry by the bureau warrants modification of any order entered pursuant to this section, the director of the Office of Enforcement Counsel may petition to request the modification. Upon such request, the court may modify its orders at any time and in any manner it deems necessary and appropriate. The agency named in the original petition shall be given notice and an opportunity to be heard.

(f) Use of information or materials.–Any person who, by any means authorized by this section, has obtained knowledge of information or materials solely pursuant to this section may use such information or materials in a manner consistent with any directions imposed by the court and appropriate to the proper performance of the person's official duties under this part.

(g) Violation.–In addition to any remedies and penalties provided in this part, any violation of the provisions of this section may be punished as contempt of the court.

(h) Definition.–As used in this section the term "agency" shall mean a "Commonwealth agency" or a "local agency" as those terms are defined in section 102 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. § 1518.3. Applicability of Clean Indoor Air Act.

Notwithstanding section 11(b) of the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the provisions of section 3(b)(11) of the Clean Indoor Air Act shall apply to all licensed facilities.

Section 17.1. Section 1521 of Title 4 is amended by adding a subsection to read: § 1521. Liquor licenses at licensed facilities.

* * * (b.1) Liquor Code sanctions.–Notwithstanding any other

provision of law, a person holding a slot machine license that also holds a license issued by the Pennsylvania Liquor Control Board shall not be subject to the provisions of section 471(c) of the Liquor Code. In addition, if a fine is imposed under section 471(b) of the Liquor Code, it shall be for not less than $250 nor more than $25,000. The prior citation history of the slot machine licensee shall be considered in determining the amount of the fine.

* * * Section 18. Section 1522 of Title 4 is amended to read:

§ 1522. Interception of oral communications. The interception and recording of oral communications made in a

[counting] count room of a licensed facility by a licensee shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 (relating to wiretapping and electronic surveillance). Notice that oral communications are being intercepted and recorded shall be posted conspicuously in the [counting] count room.

Section 18.1. Title 4 is amended by adding a section to read: § 1523. Electronic funds transfer terminals.

(a) Prohibition.–A slot machine licensee may not install, own or operate or allow another person to install, own or operate on the premises of the licensed facility a slot machine that is played with a


device that allows a player to operate the slot machine by transferring funds electronically from a debit card, credit card or by means of an electronic funds transfer terminal.

(b) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Electronic funds transfer terminal." An information-processing device or an automatic teller machine used for executing deposit account transactions between financial institutions and their account holders by either the direct transmission of electronic impulses or the recording of electronic impulses for delayed processing. The fact that a device is used for other purposes shall not prevent it from being considered an electronic funds transfer terminal under this definition.

Section 18.2. Title 4 is amended by adding a chapter to read: CHAPTER 16

JUNKETS Sec. 1601. Gaming junkets authorized. 1602. Gaming junket enterprise license. 1603. Classification system. 1604. Gaming junket representatives. 1605. Junket agreements. 1606. Conduct of junket. 1607. Violation of terms. 1608. Records. 1609. Report. 1610. Gaming junket arrangement. 1611. Prohibitions. § 1601. Gaming junkets authorized.

The board may authorize the organization and conduct of gaming junkets subject to the provisions of this chapter. No gaming junket shall be organized or permitted to operate in this Commonwealth and no person shall act as a gaming junket representative or gaming junket enterprise except in accordance with this chapter. The board shall establish a reasonable application and authorization fee for any license, permit or other authorization issued under this chapter. § 1602. Gaming junket enterprise license.

(a) Gaming junket enterprise license required.–All gaming junket enterprises shall obtain a license from the board prior to acting as a gaming junket enterprise in this Commonwealth.

(b) Application.-–A gaming junket enterprise license application shall be in a form prescribed by the board and shall include the following:

(1) The name, address and photograph of the applicant and all owners, directors, managers and supervisory employees of a gaming junket enterprise.

(2) The details of a gaming junket enterprise license or similar license applied for or granted or denied to the applicant by another jurisdiction.

(3) Consent for the bureau to conduct a background investigation, the scope of which shall be determined by the board.

(4) All releases necessary for the bureau and the board to acquire licensing documents and other information necessary to conduct a background investigation or otherwise evaluate the application.

(5) A list of all civil judgments obtained against the applicant pertaining to any gaming junket enterprise with which the applicant has been associated.

(6) A description of the operation and organization of the gaming junket enterprise.

(7) Any additional information required by the board. (c) Enforcement information.-–If the applicant has held a

gaming junket license or other gaming license in another jurisdiction, the applicant may submit a letter of reference from the gaming enforcement agency in the other jurisdiction. The letter shall specify the experiences of the agency with the applicant, the applicant's associates and the applicant's gaming junket enterprise or gaming

activity. If no letter is received within 30 days following the applicant's request, the applicant may submit a statement under oath, subject to the penalty for false swearing under 18 Pa.C.S. § 4903 (relating to false swearing), that the applicant is in good standing with the gaming enforcement agency in the other jurisdiction.

(d) Issuance.-–Following review of the application, completion of the background investigation and payment of the license fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue a gaming junket enterprise license to the applicant if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and that the applicant's activities, criminal record, reputation, habits and associations do not pose a threat to the public interest or suitable or legitimate operation of gaming.

(e) Failure to cooperate.-–Failure to provide required information or releases under this section shall result in the immediate denial of an application for a license.

(f) Nontransferability.-–A license issued under this section shall be nontransferable. § 1603. Classification system.

The board shall develop a classification system for the regulation of gaming junket enterprises and the individuals and entities associated with gaming junket enterprises. § 1604. Gaming junket representatives.

(a) Occupation permit.-–Except as otherwise provided in subsection (e), a gaming junket representative shall obtain an occupation permit from the board in accordance with section 1318 (relating to occupation permit application).

(b) Application.-–In addition to the requirements of section 1308 (relating to applications for license or permit), the application for a gaming junket representative occupation permit shall be in a form prescribed by the board and shall include the following:

(1) Verification of employment status as a gaming junket representative with a licensed gaming junket enterprise or an applicant for a gaming junket enterprise license.

(2) A description of employment responsibilities. (3) A consent form to allow the bureau to conduct a

background investigation, the scope of which shall be determined by the board.

(4) A release for the bureau and the board to acquire copies of information from government agencies, employers and others as necessary to complete the investigation.

(5) Fingerprints which shall be submitted to the Pennsylvania State Police.

(6) A photograph that meets the standards of the Commonwealth Photo Imaging Network.

(7) Details relating to a similar license, permit or other authorization obtained in another jurisdiction, if any.

(8) Any additional information required by the board. (c) Issuance.-–Following review of the application, background

investigation and payment of the permit fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue an occupation permit if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is eligible and suitable to receive an occupation permit.

(d) Nontransferability.-–An occupation permit issued under this section shall be nontransferable.

(e) Holder of occupation permit.–-Nothing in this section shall be construed to prohibit an individual who holds a valid occupation permit and who is employed by a slot machine licensee from acting as a junket representative. A gaming junket representative need not be a resident of this Commonwealth. § 1605. Junket agreements.

Agreements entered into between a slot machine licensee and a gaming junket enterprise or a gaming junket representative shall include a provision for the termination of the agreement without liability on the part of the slot machine licensee if:


(1) The board orders the suspension, limitation, conditioning, denial or revocation of the license of a gaming junket representative license or occupation permit of a gaming junket representative.

(2) The board disapproves the agreement and requires its termination.

Failure to expressly include the termination requirement under this section in the agreement shall not constitute a defense in an action brought relating to the termination of the agreement. § 1606. Conduct of junket.

A slot machine licensee shall be responsible for the conduct of a gaming junket representative or gaming junket enterprise with which the slot machine licensee has an agreement and for the terms and conditions of a gaming junket on its premises. § 1607. Violation of terms.

Notwithstanding any other provision of this part, if the board determines that the terms of an agreement to conduct a gaming junket were violated by a slot machine licensee, gaming junket enterprise or gaming junket representative, the board may do any or all of the following:

(1) Order restitution to the gaming junket participant. (2) Assess civil penalties or sanctions under section 1518

(relating to prohibited acts; penalties) for a violation or deviation from the terms of the junket agreement.

§ 1608. Records. The board shall prescribe procedures and forms to retain records

relating to the conduct of a gaming junket by a slot machine licensee. A slot machine licensee shall:

(1) Maintain a current report of the operations of gaming junkets conducted at its licensed facility.

(2) Submit to the board and the bureau a list of all its employees who conduct business on behalf of the slot machine licensee with gaming junket representatives on a full-time, part-time or temporary basis.

(3) Maintain records of all agreements entered into with a gaming junket enterprise or gaming junket representative for a minimum of five years.

(4) Provide any other information relating to a gaming junket required by the board or bureau.

§ 1609. Report. A slot machine licensee, gaming junket representative or gaming

junket enterprise shall file a report with the bureau on each list of gaming junket participants or potential gaming junket participants purchased by the slot machine licensee, gaming junket representative or gaming junket enterprise. The report shall include the source of the list and zip codes of participants or potential participants on a list purchased directly or indirectly by a slot machine licensee, gaming junket representative or gaming junket enterprise. Nothing in this section shall require the reporting or maintenance of personal identifying information pertaining to participants or potential participants. § 1610. Gaming junket arrangement.

Upon petition by a slot machine licensee, the board may grant an exemption from the permit requirements of this chapter to a gaming junket representative. The board shall consult with the bureau prior to granting an exemption under this section and shall consider the following:

(1) The terms of the gaming junket arrangement. (2) The number and scope of gaming junkets. (3) Whether the exemption is consistent with the policies

and purposes of this part. (4) Any other factor deemed necessary by the bureau or

board. The board may condition, limit or restrict the exemption. § 1611. Prohibitions.

A gaming junket enterprise or gaming junket representative shall not do any of the following:

(1) Engage in efforts to collect on any check provided by

a gaming junket participant that has been returned by a financial institution without payment.

(2) (Reserved). (3) Receive or retain a fee from an individual for the

privilege of participating in a gaming junket. (4) Pay for any service, including transportation, or other

thing of value provided to a participant participating in a gaming junket except as authorized by this part. Section 18.3. Section 1513(b) of Title 64 is amended to read:

§ 1513. Powers. * * * (b) Duties.–The authority shall do all of the following:

(1) Administer the programs established in Subchapter E in accordance with this chapter.

(2) Fund the programs established in Subchapter E and 12 Pa.C.S. Ch. 29 (relating to machinery and equipment loans) subject to Subchapter D (relating to funds, accounts, indebtedness and use).

(3) Establish accounts, administer and distribute the funds deposited into such accounts and perform all other duties required of the authority under 4 Pa.C.S. Part II (relating to gaming). Section 19. No later than 90 days after the effective date of this

section, the Pennsylvania Gaming Control Board shall transfer the sum of $12,500,000 from the amounts previously appropriated to the Pennsylvania Gaming Control Board pursuant to 4 Pa.C.S. § 1408 to the General Fund.

Section 19.1. No later than ten business days after the effective date of this section, the Department of Revenue shall pay to each Category 1 and Category 2 slot machine licensee from its existing account established under 4 Pa.C.S. § 1401(a) an amount sufficient to bring the balance in the account to $1,500,000.

Section 19.2. (Reserved). Section 19.3. The provisions of this act are severable. If any

provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

Section 19.4. The amendment of 4 Pa.C.S. § 1201(h)(13) shall not apply to individuals employed on the effective date of this section by the Pennsylvania Gaming Control Board until July 1, 2010.

Section 19.5. Repeals are as follows: (1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment or addition of 4 Pa.C.S. § 1407(d)(7) and (d.1) and 64 Pa.C.S. § 1513(b)(3).

(2) The following provisions of the act of July 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, are repealed to the extent specified:

(i) Section 3(2)(i)(G), absolutely. (ii) Section 4(7), absolutely. (iii) Section 5, insofar as inconsistent with this

act. Section 20. The following shall apply:

(1) The amendment of 4 Pa.C.S. § 1213 shall not apply to any of the following:

(i) An application submitted before the effective date of this section.

(ii) Any license or permit issued prior to the effective date of this section.

(iii) The renewal of any license or permit issued or applied for prior to the effective date of this section. (2) The amendment of 4 Pa.C.S. § 1202(a)(2) and the

addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an individual:

(i) who, on July 1, 2009, was serving officially or acting as Executive Director of the Pennsylvania


Gaming Control Board, Chief Counsel of the board, or the Director of the Office of Enforcement Counsel within the Bureau of Investigations and Enforcement; and

(ii) on whom the bureau or the Pennsylvania State Police completed a background investigation as a condition of employment with the board. (3) The amendment or addition of 4 Pa.C.S. §

1201(h)(4.1) and (5) shall not apply to: (i) an individual appointed to the Pennsylvania

Gaming Control Board before July 1, 2010; or (ii) an individual under subparagraph (i) who is

reappointed to the Pennsylvania Gaming Control Board. Section 21. This act shall take effect as follows:

(1) The following provisions shall take effect July 1, 2010:

(i) The amendment of 4 Pa.C.S. § 1407. (ii) Section 19.5 of this act.

(2) The remainder of this act shall take effect immediately.

On the question, Will the House agree to the amendment? The SPEAKER. On the amendment, the Chair recognizes the gentleman from Allegheny County, Representative Turzai. Mr. TURZAI. Thank you very much, Mr. Speaker. Representative Civera offers amendment 4833, and I would like to speak in support of that particular amendment, sir. The SPEAKER. The gentleman is in order and may proceed. Mr. TURZAI. Thank you, sir. Mr. Speaker, I rise today on behalf of my colleague, Appropriations Chair Mario Civera. He introduces and urges the support of this amendment to SB 711, an amendment that focuses on the most pressing issue relating to the State gaming industry, and that is a reform from a law enforcement perspective. For months the legislature has discussed the issue of expanding the State's gaming industry to include table games, but for years the House Republican Caucus has centered its focus on first reforming the existing gaming law. In fact, in last session, our Republican Policy Committee held a series of hearings with respect to how to enforce the law enforcement aspects, beginning with a January 2007 hearing from Attorney General Corbett on what changes needed to be made with respect to the law enforcement aspects of the original gaming bill. The amendment that is being proposed helps us take the first of many needed steps to fill the holes that were left in the original gaming legislation. It begins to fix the old law before expanding upon it. From Chairman Civera's perspective, gaming expansion may or may not be worth considering, but— The SPEAKER. The gentleman will yield. The House will come to order. Mr. TURZAI. Thank you, sir. The SPEAKER. The gentleman has a right to be heard. Members are complaining the noise level is too high. The Speaker agrees. The House will come to order. The gentleman, Mr. Turzai, may proceed. Mr. TURZAI. Thank you, Mr. Speaker. The gaming reform is something we must all support, and we must support it to its furthest need. This amendment would take

the language of the maker's omnibus amendment and/or the underlying bill and strip all measures that would lead to the expansion of table games. Given the back-and-forth negotiations between certain members of the House and Senate and the Governor's administration over the last several months, it is clear there is no agreement with respect to the underlying expansion of table games. However, there is quite clear that before anything gets done in that regard, that people want to change how law enforcement was originally set up under the original slots legislation of 2004. As far as reform goes, there is no need to wait. Reform can begin now. It is long overdue. Rather than partner reform with expansion, we should focus on the two subjects for what they are – two separate issues. The amendment that is being proposed would address a number of the fundamental concerns from a law enforcement perspective with the existing gambling law expansion to slots. This amendment would, among other things, eliminate the revolving door that has allowed Gaming Board members to leave the board and then work the casinos – this conflict of interest must be halted immediately; ensures the board follows the new Right-to-Know laws; calls for further criminal background checks for those associated with the State's gaming industry; further limits convicted felons from being principals and key employees of a licensee. These are all critical provisions that need to be considered if we hope to begin fixing the State's existing gaming law. Whether table games become part of the State's gaming industry is yet to be seen. Nonetheless, before that ever takes place, we must, in a separate bill, make reform a priority, and this amendment begins to do just that. What this amendment does to the underlying bill then is it takes out the part of gaming expansion and it singularly focuses on the law enforcement reforms. The bottom line here is quite simple, and I quote Representative Civera, Chairman Civera: "Pennsylvania's gaming law should not be expanded until it is reformed. We need to fix it before we grow it" – quoting Chairman Civera. I would ask everybody to please support this amendment, which was Chairman Civera's amendment, amendment 4833. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, I stand in opposition to the Civera amendment. Mr. Speaker, the Civera amendment guts and replaces the bill to take out the authorization of table games, Mr. Speaker. Mr. Speaker, we have talked for hours and hours about the need for moneys to help fund that budget hole that we just dealt with a couple of months ago. Mr. Speaker, all the amendments that a lot of my colleagues have brought up – the potential for moneys to help fund PSERS, the Property Tax Relief Fund, the nonpreferreds, General Fund dollars – if this amendment passes, Mr. Speaker, there will not be any money for any of that. We need to defeat this amendment and move on to the next amendment that we are agreeable with. Allowing the words on the reform part, we support those, but, Mr. Speaker, we also


believe we need to authorize table games in our casinos throughout Pennsylvania so that we can have those dollars for the areas that I just spoke about. So because of those reasons, Mr. Speaker, I ask for the members to defeat the Civera amendment. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Delaware County, Representative Vitali. Mr. VITALI. Will the maker of the amendment stand for brief interrogation? The SPEAKER. Is Representative Turzai available for interrogation? The gentleman, Representative Vitali, will yield. We will come back to him. Mr. Turzai will be here shortly. The Chair recognizes the gentleman from Bucks County, Representative Clymer. Mr. CLYMER. Thank you, Mr. Speaker. Mr. Speaker, it should be noted that Senator Jane Earll, who is the chairperson of the Senate Gaming Oversight Committee, as has been mentioned in this testimony that was read by Representative Turzai, held numerous committee hearings on this issue, and when this bill was sent over to the House, it was to be sent over and she implied distinctly that it was not to be attached to the hip of the table game bill. This was to be a separate bill because reforms were important, and I do believe that Governor Rendell supported the legislation. I could be corrected if I am wrong. So the Senate is looking for SB 711 to be a separate entity, not attached, not to be confused with the table game legislation. So I remind the members that this is an important component as to why the Senate will be very steadfast, in my opinion, that they get back legislation that deals – SB 711 – that deals specifically with reforms, which are very, very important. Five years later and we are still trying to do reforms. I mentioned that issue and I support the Turzai amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Delaware County, Representative Vitali. The gentleman, Representative Turzai, indicates he will stand for interrogation. The gentleman, Mr. Vitali, is in order and may proceed. Mr. VITALI. Thank you, Mr. Speaker. I am just trying to get at how your reform provisions compare and contrast with the reform provisions that are being offered in the omnibus Democratic amendments. Are they identical or are there substantial differences? Mr. TURZAI. My understanding is that they are identical, but it removes the issue of gaming expansion and makes it clear that there is a separate vote on the law enforcement reforms, which many people are in favor of and would like to vote on separately, separately and distinct from the gaming expansion, which many folks do not agree with on a variety of grounds. Mr. VITALI. Same reform piece, but just strips out table games? Mr. TURZAI. Correct. Mr. VITALI. Okay. That is all I have. Thank you. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Cumberland County, Representative Gabig, on the amendment. Mr. GABIG. Thank you, Mr. Speaker. I think it is important for the members to understand that SB 711 came over from the Senate and was assigned through

our normal processes to the House Gaming Oversight Committee. It was a reform, a strictly reform bill. There is another bill that has since come over from the Senate. I think it is SB 1031, something like that, that had to do with the table games, from the Senate, and I imagine the Speaker's Office has probably assigned that also to the Gaming Oversight Committee. I sit on the Gaming Oversight Committee as a minority member, and as far as I know, nothing has happened on SB 1031, the table games, whatever their table games bill is. What instead happened was the Democratic leadership decided to cram the table games bill into the reform bill. That was a decision that was made here, a strategic decision. I think it was a huge mistake, a huge mistake. I hear this term "delay"; it is why we are sitting here. This could have been done a long time ago. As we heard, the Senate said they want two different bills. They said that months ago. They want to have the reform piece and the table games separate. Guess who else— Now, that is the Republican Senate, I guess you would say, but the proponents of the gaming expansion have said that. I think one of the Senators' names was mentioned here. But also Governor Rendell said that. He said he wanted two different bills. He wanted the reform piece and we should not do expansion of gaming until we had the reforms done. So this is actually fixing something that has caused us months and months of delay. And then what would happen is, once we got the reforms done, it would fly over to the Senate, it would be agreed to on the Governor's desk. We would still be working on the table games piece, but once that reform piece is gone, the two would not be together and confusing the issue. It would be a separate piece, and what would happen is there would be a lot of votes for it over there, there would be some votes for it over here, and it would pass and we would be done already. We would be home for the 4th day of Hanukkah or whatever Hanukkah day we are on. We would be certainly home for Christmas and all this would be done. But it was a huge mistake— The SPEAKER. The gentleman will yield. On the amendment. On the amendment. On the amendment. Mr. GABIG. Okay. On the amendment. My point on the amendment is that if we do what I guess is being called the Turzai, but it is Representative Civera, our leader, so I would ask all on our side to please support our leadership on this, number one. But for those of you that are concerned about delay and want to move the process forward, this is the way to do it, to get these two separate, to separate these two. And that is why this amendment is so important to do what the Governor has asked us to do, to do what the Senate asked us to do, because remember, this bill is going over to the Senate if it gets over there. They are not going to send this to the Governor's desk. They are sending it back here. So that is why I am saying to do it this way. We will be done quicker. We will be done faster. Thank you very much, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Very quickly, let me be clear. We do support the reform provisions, but, Mr. Speaker, we need revenue. We passed that budget back in October with no tax increases, that people on both sides of the aisle did not support, with the hope of finding additional revenue. Table games is where we are going to be getting that additional revenue. So if we want the potential to fund the PSERS account, if we want the potential to increase


our Property Tax Relief Fund dollar amount, if we want to fill that General Fund hole, fund our nonpreferreds, we need to defeat the Civera amendment and move forward on the table games legislation. I ask for a "no" vote on the amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the gentleman from Allegheny County, Representative Turzai, who requests a leave of absence for the gentleman from Berks County, Representative ROHRER. Without objection, the leave will be granted.


On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–88 Adolph Fleck Marshall Quigley Baker Gabig Marsico Quinn Barrar Gabler Metcalfe Rapp Bear Geist Metzgar Reed Benninghoff Gillespie Micozzie Reese Boback Gingrich Millard Reichley Boyd Godshall Miller Roae Brooks Grell Milne Rock Causer Grove Moul Ross Christiana Harhart Murt Saylor Clymer Harper Mustio Scavello Cox Harris O'Brien, D. Sonney Creighton Hennessey O'Brien, M. Stern Cutler Hess O'Neill Stevenson Day Hutchinson Oberlander Swanger Denlinger Kauffman Payne Tallman DiGirolamo Keller, M.K. Peifer True Ellis Killion Perzel Turzai Evans, J. Knowles Petri Vereb Everett Krieger Phillips Vitali Fairchild Maher Pickett Vulakovich Farry Major Pyle Watson NAYS–101 Barbin Drucker Lentz Samuelson Belfanti Eachus Levdansky Santarsiero Bishop Evans, D. Longietti Santoni Boyle Fabrizio Mahoney Seip Bradford Frankel Manderino Shapiro Brennan Freeman Mann Siptroth Briggs Galloway Markosek Smith, K. Brown George Matzie Smith, M. Burns Gerber McGeehan Solobay Buxton Gergely McI. Smith Staback Caltagirone Gibbons Melio Sturla Carroll Goodman Mirabito Taylor, R. Casorio Grucela Mundy Thomas

Cohen Haluska Murphy Wagner Conklin Hanna Myers Walko Costa, D. Harhai Oliver Wansacz Costa, P. Harkins Pallone Waters Cruz Houghton Parker Wheatley Curry Johnson Pashinski White Daley Josephs Payton Williams Deasy Keller, W. Petrarca Youngblood DeLuca Kessler Preston Yudichak DePasquale Kirkland Readshaw Dermody Kortz Roebuck McCall, DeWeese Kotik Sabatina Speaker Donatucci Kula Sainato NOT VOTING–0 EXCUSED–13 Beyer Helm Miccarelli Schroder Civera Hickernell Perry Smith, S. Dally Hornaman Rohrer Taylor, J. Delozier Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. VULAKOVICH offered the following amendment No. A04876:

Amend Bill, page 2, line 4 (A04833), by inserting after "terminals,"

Gaming Unit, Amend Bill, page 13, line 51; page 14, line 1 (A04833), by

striking out "and (23)" and inserting , (23) and (25)

Amend Bill, page 15, by inserting between lines 12 and 13 (A04833)

* * * [(25) To promulgate regulations pertaining to the

operation of the bureau to insure separation of functions between the bureau and the board. The board shall provide the employees necessary to the bureau for enforcement of this part.] Amend Bill, page 83, line 50 (A04833), by striking out "a

section" and inserting sections

Amend Bill, page 84, by inserting between lines 20 and 21 (A04833) § 1524. Gaming Unit.

(a) Findings.–The General Assembly finds that the transfer of the Bureau of Investigations and Enforcement to the Office of Attorney General will serve to provide for an appropriate separation of investigative and enforcement functions from licensing functions. The General Assembly further finds that the transfer of the Bureau of Investigations and Enforcement does not affect the general jurisdiction of the Pennsylvania Gaming Control Board in any way which impairs or otherwise reduces the board's licensing authority.

(b) Legislative intent.–It is the intent of the General Assembly to transfer all of the existing functions and duties of the Bureau of Investigations and Enforcement in the Pennsylvania Gaming Control Board, including the Office of Enforcement Counsel, to the Gaming Unit in the Office of Attorney General. It is the further intent of the General Assembly to completely separate, except as provided under this section, the Gaming Unit in the Office of Attorney General from


any regulatory or fiscal control by the Pennsylvania Gaming Control Board.

(c) Gaming Unit.– (1) Notwithstanding section 1202(b)(10) and

(28)(relating to general and specific powers), 1402(a)(4) (relating to gross terminal revenue deductions) or any other provision of this part, there is established within the Office of Attorney General a Gaming Unit. The Attorney General shall select:

(i) A director of the Gaming Unit. (ii) A director of the Office of Enforcement

Counsel transferred to the Gaming Unit by operation of this act. (2) The Gaming Unit shall, in addition to the powers and

duties vested in the Office of Attorney General by this part, also have the powers and duties previously vested in the Bureau of Investigations and Enforcement of the Pennsylvania Gaming Control Board by this part.

(3) The following shall apply: (i) The Attorney General shall assign agents to

supervisory and other capacities in the Gaming Unit as necessary. All other personnel of the Gaming Unit shall be civilians.

(ii) Except as provided in subparagraph (iii), all personnel shall continue in their employment with the unit with the same pay scales, salaries, wages, seniority benefits, pension rights and other incidents of employment.

(iii) The unit director, in consultation with the Attorney General, shall determine which personnel transferred under this subsection shall be retained as unit employees and which personnel transferred under this section shall be replaced within a six-month period after the appointment of the unit director. (4) The following are transferred to the Gaming Unit:

(i) All of the powers, duties and authority previously vested in the Bureau of Investigations and Enforcement of the Pennsylvania Gaming Control Board by this part.

(ii) All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations and other materials which are used, employed or expended by the Pennsylvania Gaming Control Board in connection with the functions transferred by this act to the Gaming Unit as if these contracts, agreements and obligations had been incurred or entered into by the Gaming Unit. (5) The personnel, appropriations, equipment and other

items and material transferred by this subsection shall include an appropriate portion of the general administrative, overhead and supporting personnel, appropriations, equipment and other materials of the Pennsylvania Gaming Control Board.

(6) The following shall apply: (i) Expenses of and related to the Gaming Unit

shall be considered reimbursable expenses under this part.

(ii) The Gaming Unit shall prepare and annually submit an itemized budget in accordance with section 1402.1 (relating to itemized budget reporting). (7) Any gaming enforcement office or unit existing

within the Office of Attorney General on the effective date of this subsection shall be absorbed by the Gaming Unit.


AMENDMENT RULED OUT OF ORDER Mr. VULAKOVICH. Mr. Speaker, I believe that amendment is out of order. The SPEAKER. The gentleman is correct. The gentleman, Mr. Turzai's amendment is out of order as well, amendment 4920. On the question recurring, Will the House agree to the bill on second consideration as amended? Mr. SANTONI offered the following amendment No. A05012:

Amend Bill, page 1, line 27; page 2, lines 1 through 51, by striking out all of said lines on said pages and inserting Amending Titles 4 (Amusements) and 64 (Public Authorities and

Quasi-Public Corporations) of the Pennsylvania Consolidated Statutes, making extensive revisions to provisions on gaming, in the areas of legislative intent, definitions, the Pennsylvania Gaming Control Board, applicability of other statutes, powers of the board, code of conduct, expenses of regulatory agencies, licensed gaming entity application appeals from board, license or permit application hearing process and public hearings, board minutes and records, regulatory authority, collection of fees and fines, slot machine license fee, number of slot machines, reports of board, diversity goals of board, license or permit prohibition, specific authority to suspend slot machine license, Category 2 slot machine license, Category 3 slot machine license, number of slot machine licenses, applications for license or permit, slot machine license application, slot machine license application character requirements, supplier licenses, manufacturer licenses, gaming service provider, occupation permit application, alternative manufacturer licensing standards, alternative supplier licensing standards, additional licenses and permits and approval of agreements, license renewals, change in ownership or control of slot machine licensee, nonportability of slot machine license, appointment of trustee, table games, slot machine licensee deposits, gross terminal revenue deductions, itemized budget reporting, establishment of State Gaming Fund and net slot machine revenue distribution, distributions from Pennsylvania Race Horse Development Fund, Pennsylvania Gaming Economic Development and Tourism Fund, transfers from State Gaming Fund, responsibility and authority of Department of Revenue, wagering on credit, eminent domain authority, compulsive and problem gambling program, drug and alcohol treatment, labor hiring preferences, declaration of exemption from Federal laws prohibiting slot machines, financial and employment interests, additional restrictions, political influence, regulation requiring exclusion of certain persons, prosecutorial and adjudicative functions, investigations and enforcement, conduct of public officials and employees, prohibited acts and penalties, report of suspicious transactions, additional authority, applicability of Clean Indoor Air Act, liquor licenses at licensed facilities, interception of oral communications, electronic funds transfer terminals, junkets, gaming schools and appropriations; further providing for powers and duties of the Commonwealth Financing Authority; and making related repeals. Amend Bill, page 55, lines 21 through 30; pages 56 through 236,

lines 1 through 30; page 237, lines 1 through 21, by striking out all of said lines on said pages and inserting

Section 1. Section 1102(11) of Title 4 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding paragraphs to read:


§ 1102. Legislative intent. The General Assembly recognizes the following public policy

purposes and declares that the following objectives of the Commonwealth are to be served by this part:

* * * (2.1) The authorization of table games in this part is

intended to supplement slot machine gaming by increasing revenues to the Commonwealth and providing new employment opportunities by creating skilled jobs for individuals related to the conduct of table games at licensed facilities in this Commonwealth.

* * * (10.1) The General Assembly has a compelling interest

in protecting the integrity of both the electoral process and the legislative process by preventing corruption and the appearance of corruption which may arise through permitting any type of political campaign contributions by certain persons involved in the gaming industry and regulated under this part.

(10.2) Banning all types of political campaign contributions by certain persons subject to this part is necessary to prevent corruption and the appearance of corruption, that may arise when political campaign contributions and gaming regulated under this part are intermingled.

(11) It is necessary to maintain the integrity of the regulatory control and legislative oversight over the operation and play of slot machines and table games in this Commonwealth; to [prevent the actual or appearance of corruption that may result from large campaign contributions;] ensure the bipartisan administration of this part; and avoid actions that may erode public confidence in the system of representative government.

(12) It is the intent of the General Assembly to authorize the operation and play of slot machines and table games under a single slot machine license issued to a slot machine licensee under this part.

(13) The authorization of limited gaming in this Commonwealth requires the Commonwealth to take steps to increase awareness of compulsive and problem gambling and to develop and implement effective strategies for prevention, assessment and treatment of this behavioral disorder.

(14) Research indicates that for some individuals compulsive and problem gambling and drug and alcohol addiction are related. Therefore, the General Assembly intends to establish an approach to compulsive and problem gambling prevention, assessment and treatment that will ensure the provision of adequate resources to identify, assess and treat both compulsive and problem gambling and drug and alcohol addiction. Section 2. The definitions of "associated equipment," "cheat,"

"conduct of gaming," "conviction," "gaming employee," "gross terminal revenue," "key employee," "licensed facility," "manufacturer," "manufacturer license," "slot machine," "supplier" and "supplier license" in section 1103 of Title 4 are amended and the section is amended by adding definitions to read: § 1103. Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * * "Associated equipment." Any equipment or mechanical,

electromechanical or electronic contrivance, component or machine used in connection with [gaming] slot machines or table games, including linking devices which connect to progressive slot machines or slot machines, replacement parts, equipment which affects the proper reporting and counting of gross terminal revenue and gross table game revenue, computerized systems for controlling and monitoring slot machines or table games, including, but not limited to, the central control computer to which all slot machines communicate and devices

for weighing or counting money. * * * "Banking game." Any table game in which a player competes

against a certificate holder rather than against another player. * * * "Cash." United States currency and coin. "Cash equivalent." An asset that is readily convertible to cash,

including, but not limited to, any of the following: (1) Chips or tokens. (2) Travelers checks. (3) Foreign currency and coin. (4) Certified checks, cashier's checks and money orders. (5) Personal checks or drafts. (6) A negotiable instrument applied against credit

extended by a certificate holder or a financial institution. (7) Any other instrument or representation of value that

the Pennsylvania Gaming Control Board deems a cash equivalent. * * * "Certificate holder." A slot machine licensee that holds a table

game operation certificate awarded by the Pennsylvania Gaming Control Board in accordance with Chapter 13A (relating to table games).

"Cheat." To [alter without authorization] defraud or steal from any player, slot machine licensee or the Commonwealth while operating or playing a slot machine or table game, including causing, aiding, abetting or conspiring with another person to do so. The term shall also mean to alter or causing, aiding, abetting or conspiring with another person to alter the elements of chance, method of selection or criteria which determine:

(1) The result of a slot machine game or table game. (2) The amount or frequency of payment in a slot

machine game or table game. (3) The value of a wagering instrument. (4) The value of a wagering credit.

The term does not include altering a slot machine, table game device or associated equipment for [required] maintenance [and] or repair with the approval of a slot machine licensee.

"Cheating or thieving device." A device used or possessed with the intent to be used to cheat during the operation or play of any slot machine or table game. The term shall also include any device used to alter a slot machine or a table game device without the slot machine licensee's approval.

"Chip." A representation of value, including a plaque, issued by a certificate holder for use in playing a table game at the certificate holder's licensed facility and redeemable with the issuing certificate holder for cash or cash equivalent.

* * * "Conduct of gaming." The licensed placement [and], operation

and play of [games of chance] slot machines and table games under this part, as authorized and approved by the Pennsylvania Gaming Control Board [at a licensed facility].

"Contest." A table game competition among players for cash, cash equivalents or prizes.

* * * "Conviction." A finding of guilt or a plea of guilty or nolo

contendere, whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction that has been expunged or overturned or for which an individual has been pardoned or had an order of Accelerated Rehabilitative Disposition entered.

* * * "Count room." A secured room at a licensed facility designated

for the counting, wrapping and recording of slot machine and table game receipts.

"Counterfeit chip." Any object that is: (1) used or intended to be used to play a table game at a

certificate holder's licensed facility and which was not issued by


that certificate holder for such use; or (2) presented to a certificate holder for redemption if the

object was not issued by the certificate holder. * * * "Electronic gaming table." A gaming table approved by the

Pennsylvania Gaming Control Board that is a mechanical, electrical or computerized contrivance, terminal, machine or other device which, upon insertion or placement of cash or cash equivalents therein or thereon, or upon a wager or payment of any consideration whatsoever, is available for play or operation by one or more players as a table game. The term shall include any gaming table where a wager or payment is made using an electronic or computerized wagering or payment system. The term shall not include a slot machine.

"Executive-level public employee." The term shall include the following:

(1) Deputy Secretaries of the Commonwealth and the Governor's Office executive staff.

(2) An employee of the executive branch whose duties substantially involve licensing or enforcement under this part, who has discretionary power which may affect or influence the outcome of a Commonwealth agency's action or decision or who is involved in the development of regulations or policies relating to a licensed entity. The term shall include an employee with law enforcement authority.

(3) An employee of a county or municipality with discretionary powers which may affect or influence the outcome of the county's or municipality's action or decision related to this part or who is involved in the development of law, regulation or policy relating to matters regulated under this part. The term shall include an employee with law enforcement authority.

(4) An employee of a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may affect or influence the outcome of the governmental body's action or decision related to this part or who is involved in the development of regulation or policy relating to matters regulated under this part. The term shall include an employee with law enforcement authority. * * * "Fully automated electronic gaming table." An electronic

gaming table determined by the Pennsylvania Gaming Control Board to be playable or operable as a table game without the assistance or participation of a person acting on behalf of a certificate holder.

* * * "Gaming employee." Any employee of a slot machine licensee,

including, but not limited to: (1) Cashiers. (2) Change personnel. (3) [Counting] Count room personnel. (4) Slot attendants. (5) Hosts or other [persons] individuals authorized to

extend complimentary services, including employees performing functions similar to those performed by a gaming junket representative.

(6) Machine mechanics [or], computer machine technicians or table game device technicians.

(7) Security personnel. (8) Surveillance personnel. (9) [Supervisors] Promotional play supervisors, credit

supervisors, pit supervisors, cashier supervisors, shift supervisors, table game managers and assistant managers and other supervisors and managers, except for those specifically identified in this part as key employees.

(10) Boxmen. (11) Dealers or croupiers. (12) Floormen. (13) Personnel authorized to issue promotional play. (14) Personnel authorized to issue credit.

The term [includes] shall include employees of a person holding a supplier's license whose duties are directly involved with the repair or distribution of slot machines [and], table game devices or associated equipment sold or provided to [the] a licensed facility within this Commonwealth as determined by the Pennsylvania Gaming Control Board. The term does not include bartenders, cocktail servers or other persons engaged solely in preparing or serving food or beverages, clerical or secretarial personnel, parking attendants, janitorial, stage, sound and light technicians and other nongaming personnel as determined by the board.

"Gaming junket." A gaming arrangement made by a gaming junket enterprise or a gaming junket representative for an individual who:

(1) Is selected or approved for participation in the arrangement based on the individual's ability to satisfy specific financial qualifications and the likelihood that the individual will participate in playing slot machines or table games and patronize a licensed facility for the purpose of gaming.

(2) Receives complimentary services or gifts from a slot machine licensee for participation in the arrangement including the costs of transportation, food, lodging or entertainment. "Gaming junket enterprise." A person, other than a slot machine

licensee, who employs or otherwise engages the services of a gaming junket representative to arrange gaming junkets to a licensed facility, regardless of whether the activities of the person or the gaming junket representative occur within this Commonwealth.

"Gaming junket representative." An individual, other than an employee of a slot machine licensee, who arranges and negotiates the terms of a gaming junket or selects individuals to participate in a gaming junket to a licensed facility, regardless of whether the activities of the individual occur within this Commonwealth.

"Gaming school." Any educational institution approved by the Department of Education as an accredited college or university, community college, Pennsylvania private licensed school or its equivalent and whose curriculum guidelines are approved by the Department of Labor and Industry to provide education and job training related to employment opportunities associated with slot machines or table games, including slot machine, table game device and associated equipment maintenance and repair.

"Gaming service provider." A person that is not required to be licensed as a manufacturer, supplier, management company or gaming junket enterprise and:

(1) provides goods or services to a slot machine licensee or an applicant for a slot machine license for use in the operation of a licensed facility; or

(2) provides goods or services at a licensed facility. "Gross table game revenue." The total of:

(1) Cash or cash equivalents received in the playing of a table game minus the total of:

(i) Cash or cash equivalents paid to players as a result of playing a table game.

(ii) Cash or cash equivalents paid to purchase annuities to fund prizes payable to players over a period of time as a result of playing a table game.

(iii) The actual cost paid by the certificate holder for any personal property distributed to a player as a result of playing a table game. This does not include travel expenses, food, refreshments, lodging or services. (2) Contest or tournament fees or payments, including

entry fees, buy-ins, re-buys and administrative fees, imposed by a certificate holder to participate in a table game contest or tournament, less cash paid or actual cost paid by a certificate holder for prizes awarded to the contest or tournament winners.

(3) The total amount of the rake collected by a certificate holder.

The term does not include counterfeit cash or chips; coins or currency of other countries received in the playing of a table game, except to the extent that the coins or currency are readily convertible to cash; or cash


taken in a fraudulent act perpetrated against a certificate holder for which the certificate holder is not reimbursed.

"Gross terminal revenue." The total of cash or cash equivalent wagers received by a slot machine minus the total of:

(1) Cash or cash equivalents paid out to [patrons] players as a result of playing a slot machine [which are paid to patrons either manually], whether paid manually or or paid out by the slot machine.

(2) Cash or cash equivalents paid to purchase annuities to fund prizes payable to [patrons] players over a period of time as a result of playing a slot machine.

(3) Any personal property distributed to a [patron as the] player as a result of playing a slot machine. This does not include travel expenses, food, refreshments, lodging or services.

(4) Cash received as entry fees for slot machine contests or tournaments in which players compete for prizes.

The term does not include counterfeit [money] cash or tokens[,]; coins or currency of other countries [which are] received in slot machines, except to the extent that [they] the coins or currency are readily convertible to [United States currency,] cash; or cash taken in a fraudulent [acts] act perpetrated against a slot machine licensee for which the licensee is not reimbursed [or cash received as entry fees for contests or tournaments in which the patrons compete for prizes].

* * * "Hotel." As follows:

(1) Except as provided under paragraph (2), one or more buildings owned or operated by a certificate holder which is attached to, physically connected to or adjacent to the certificate holder's licensed facility in which members of the public may, for a consideration, obtain sleeping accommodations.

(2) When the term is used in section 1305 (relating to Category 3 slot machine license), a building or buildings in which members of the public may, for a consideration, obtain sleeping accommodations. * * * "Key employee." Any individual who is employed in a director

or department head capacity and who is empowered to make discretionary decisions that regulate slot machine or table game operations, including the general manager and assistant manager of the licensed facility, director of slot operations, director of table game operations, director of cage and/or credit operations, director of surveillance, director of marketing, director of management information systems, director of security, comptroller and any employee who is not otherwise designated as a gaming employee and who supervises the operations of these departments or to whom these department directors or department heads report and such other positions not otherwise designated or defined under this part which the Pennsylvania Gaming Control Board shall determine based on detailed analyses of job descriptions as provided in the internal controls of the licensee as approved by the Pennsylvania Gaming Control Board. All other gaming employees unless otherwise designated by the Pennsylvania Gaming Control Board shall be classified as non-key employees.

"Law enforcement authority." The power to conduct investigations of or to make arrests for criminal offenses.

* * * "Licensed entity representative." A person, including an attorney,

agent or lobbyist, acting on behalf of or authorized to represent the interest of any applicant, licensee, permittee or other person authorized by the Pennsylvania Gaming Control Board to engage in any act or activity which is regulated under the provisions of this part regarding any matter before, or which may reasonably be expected to come before, the Pennsylvania Gaming Control Board.

"Licensed facility." The physical land-based location at which a licensed gaming entity is authorized to place and operate slot machines and, if authorized by the Pennsylvania Gaming Control Board under Chapter 13A (relating to table games), to conduct table games. The term includes any:

(1) area of a licensed racetrack authorized pursuant to section 1207(17) (relating to regulatory authority of board) to operate slot machines;

(2) board-approved interim facility or temporary facility; and

(3) area of a hotel which the Pennsylvania Gaming Control Board determines is suitable to conduct table games. * * * "Manufacturer." A person who manufactures, builds, rebuilds,

fabricates, assembles, produces, programs, designs or otherwise makes modifications to any slot machine, table game device or associated equipment for use or play of slot machines or table games in this Commonwealth for gaming purposes.

"Manufacturer license." A license issued by the Pennsylvania Gaming Control Board authorizing a manufacturer to manufacture or produce slot machines, table game devices or associated equipment for use in this Commonwealth for gaming purposes.

* * * "Municipal authority." A body politic and corporate created

under the former act of June 28, 1935 (P.L.463, No.191), known as the Municipality Authorities Act of one thousand nine hundred and thirty-five, the former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945, the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law or 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

* * * "Nonbanking game." Any table game in which a player

competes against another player and in which the certificate holder collects a rake.

* * * "Party." The Bureau of Investigations and Enforcement of the

Pennsylvania Gaming Control Board or any applicant, licensee, permittee, registrant or other person appearing of record in any proceeding before the Pennsylvania Gaming Control Board.

* * * "Player." An individual wagering cash, cash equivalent or other

thing of value in the play or operation of a slot machine or table game, including during a contest or tournament, the play or operation of which may deliver or entitle the individual playing or operating the slot machine or table game to receive cash, cash equivalent or other thing of value from another player or a slot machine licensee.

* * * "Rake." A set fee or percentage assessed by a certificate holder

for providing the services of a dealer, gaming table or location, for playing any nonbanking game.

* * * "Slot machine." Any mechanical [or], electrical or computerized

contrivance, terminal, machine or other device approved by the Pennsylvania Gaming Control Board which, upon insertion of a coin, bill, ticket, token or similar object therein or upon payment of any consideration whatsoever, including the use of any electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tickets, tokens or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. A slot machine:

(1) May utilize spinning reels or video displays or both. (2) May or may not dispense coins, tickets or tokens to

winning patrons. (3) May use an electronic credit system for receiving

wagers and making payouts. The term shall include associated equipment necessary to conduct the operation of the contrivance, terminal, machine or other device.

* * * "Supplier." A person that sells, leases, offers or otherwise


provides, distributes or services any slot machine, table game device or associated equipment for use or play of slot machines or table games in this Commonwealth.

"Supplier license." A license issued by the Pennsylvania Gaming Control Board authorizing a supplier to provide products or services related to slot machines, table game devices or associated equipment to slot machine licensees for use in this Commonwealth for gaming purposes.

* * * "Suspicious transaction." The acceptance or redemption by a

person of cash or a cash equivalent involving or aggregating $5,000 or more which a slot machine licensee or employee of a slot machine licensee knows, suspects or has reason to believe:

(1) involves funds derived from illegal activities or is intended or conducted in order to conceal or disguise funds or assets derived from illegal activities;

(2) is part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under the laws or regulations of this Commonwealth or the United States, including a plan to structure a series of transactions to avoid any transaction reporting requirement under the laws or regulations of this Commonwealth or the United States; or

(3) has no lawful business or other apparent lawful purpose or is not the type of transaction in which a person would normally be expected to engage and the slot machine licensee or employee knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction. "Table game." Any banking or nonbanking game approved by

the Pennsylvania Gaming Control Board. The term includes roulette, baccarat, blackjack, poker, craps, big six wheel, mini-baccarat, red dog, pai gow, twenty-one, casino war, acey-ducey, sic bo, chuck-a-luck, fan-tail, panguingui, chemin de fer, Asia poker, Boston 5 stud poker, Caribbean stud poker, Colorado hold 'em poker, double attack blackjack, double cross poker, double down stud poker, fast action hold 'em, flop poker, four card poker, let it ride poker, mini-craps, mini-dice, pai gow poker, pokette, Spanish 21, Texas hold 'em bonus poker, three card poker, two card joker poker, ultimate Texas hold 'em, winner's pot poker and any other banking or nonbanking game. The term shall not include:

(1) Lottery games of the Pennsylvania State Lottery as authorized under the act of August 26, 1971 (P.L.351, No.91), known as the State Lottery Law.

(2) Bingo as authorized under the act of July 10, 1981 (P.L.214, No.67), known as the Bingo Law.

(3) Pari-mutuel betting on the outcome of thoroughbred or harness horse racing as authorized under the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act.

(4) Small games of chance as authorized under the act of December 19, 1988 (P.L.1262, No.156), known as the Local Option Small Games of Chance Act.

(5) Slot machine gaming and progressive slot machine gaming as defined and authorized under this part.

(6) Keno. "Table game device." Includes gaming tables, cards, dice, chips,

shufflers, tiles, dominoes, wheels, drop boxes or any mechanical, electrical or computerized contrivance, terminal, machine or other device, apparatus, equipment or supplies approved by the Pennsylvania Gaming Control Board and used to conduct a table game.

"Table game operation certificate." A certificate awarded by the Pennsylvania Gaming Control Board under Chapter 13A (relating to table games) that authorizes a slot machine licensee to conduct table games in accordance with this part.

"Tournament." An organized series of contests approved by the Pennsylvania Gaming Control Board in which an overall winner is ultimately determined.

"Trustee." A person appointed by the Pennsylvania Gaming Control Board under section 1332 (relating to appointment of trustee) to manage and control the operations of a licensed facility and who has the fiduciary responsibility to make decisions to preserve the viability of a licensed facility and the integrity of gaming in this Commonwealth.

* * * Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), (13), (14)

and (15) and (k) of Title 4 are amended, subsection (h) is amended by adding paragraphs and the section is amended by adding a subsection to read: § 1201. Pennsylvania Gaming Control Board established.

* * * (f) Qualified majority vote.–

* * * (3) Notwithstanding any other provision of this part or

65 Pa.C.S. § 1103(j) (relating to restricted activities), a member shall disclose the nature of his disqualifying interest, disqualify himself and abstain from voting in a hearing or proceeding under this part in which his objectivity, impartiality, integrity or independence of judgment may be reasonably questioned, as provided in subsection (h)(6) or section 1202.1(c)(3) (relating to code of conduct). If a legislative appointee has disqualified himself, the qualified majority shall consist of all of the remaining legislative appointees and at least two gubernatorial appointees. * * * (h) Qualifications and restrictions.–

* * * (4.1) No member shall engage in any business,

employment or vocation for which the member receives a salary, compensation or fee for services rendered which is in excess of 15% of the member's gross annual salary as a member of the board. For purposes of this paragraph, the terms "salary," "compensation" and "fee" do not include any of the following:

(i) Passive or unearned income, including interest, dividends or capital gains from the sale of assets or securities held for investment purposes.

(ii) Health care benefits or retirement, pension or annuity payments.

(iii) Amounts received from a family-controlled trade or business in which both personal services and capital are income-producing factors, provided that the personal services actually rendered by the member do not generate a significant amount of income.

(iv) Director's fees attributable to board membership of a corporate or nonprofit body or board or reimbursement for expenses incurred in connection with board membership. (5) No member shall be paid or receive any fee or other

compensation for any activity related to the duties or authority of the board other than salary and expenses provided by law [for any activity related to the duties or authority of the board. Nothing in this part shall prohibit a member from engaging in any employment or receiving any compensation for such employment that is not connected to or incompatible with his service as a member of the board].

* * * (7.1) Prior to being sworn as a member, an appointee

and his immediate family shall divest any financial interest in any applicant, licensed facility or licensed entity and in an affiliate, intermediary, subsidiary or holding company thereof owned or held by the appointee or known to be held by the appointee's immediate family. For the duration of the member's term and for [one year] two years thereafter, the member and the member's immediate family may not acquire a financial interest in any applicant, licensed facility or licensed entity or in an affiliate, intermediary, subsidiary or holding company [thereof]


of an applicant, licensed facility or licensed entity. For purposes of this paragraph, the term "immediate family" shall mean spouse and any minor or unemancipated child.

* * * (10) No former member may appear before the board in

any hearing or proceeding or participate in any other activity on behalf of any applicant, licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant or licensed entity, or any other licensee or permittee, for a period of two years from the termination of term of office.

(11) No member, employee of the board or independent contractor [of the board] shall accept a complimentary service, wager or be paid any prize from any wager at any licensed facility within this Commonwealth or at any other facility outside this Commonwealth which is owned or operated by a licensed gaming entity or any of its affiliates, intermediaries, subsidiaries or holding companies [thereof] for the duration of their term of office, employment or contract with the board and for a period of one year from the termination of term of office, employment or contract with the board. The provisions of this paragraph prohibiting wagering during the term of employment shall not apply to employees [who utilize] or independent contractors while utilizing slot machines or table game devices for testing purposes or [to verify] while verifying the performance of a slot machine or table game as part of an enforcement investigation.

* * * (13) No employee of the board [or individual employed

by an independent contractor of the board] whose duties substantially involve licensing[,] or enforcement [or], the development [or adoption] of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part, including the executive director, bureau directors and attorneys, shall do any of the following:

(i) [accept] Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant or licensed entity, for a period of [one year after] two years following the termination of [the] employment [relating to the conduct of gaming or contract with the board; or].

(ii) [appear] Appear before the board in any hearing or proceeding or participate in any other activity on behalf of any applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company [thereof] of an applicant, licensee or licensed entity, for a period of two years after termination of [the] employment [or contract with the board].

As a condition of employment, an individual subject to this paragraph shall sign an affidavit that the individual will not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years following the termination of employment. If an employee of the board refuses or otherwise fails to sign the affidavit, the board shall terminate the employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, shall not employ or retain an individual who signed an affidavit required by this paragraph until the expiration of the two-year period required by this paragraph for the acceptance of employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this paragraph shall terminate the employment of the individual and be subject to a penalty under section 1518(c) (relating to prohibited acts; penalties).

(13.1) No independent contractor or employee of an independent contractor whose duties substantially involve consultation relating to licensing, enforcement or the development or adoption of regulations or policy related to gaming under this part shall:

(i) Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of one year after the termination of the contract with the board.

(ii) Appear before the board in any hearing or proceeding or participate in any other activity on behalf of an applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant, licensee or licensed entity, for a period of two years after termination of employment with the independent contractor or termination of the contract with the board.

Each contract between the board and an independent contractor shall contain a provision requiring the independent contractor and each employee of the independent contractor subject to this paragraph to sign an affidavit to not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of one year following the termination of the contract with the board or one year following termination of employment with the independent contractor, as the case may be. If an independent contractor or an employee of an independent contractor refuses or otherwise fails to sign the affidavit, the board shall terminate the contract. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, shall not employ or retain an individual who signed an affidavit required by this paragraph until the expiration of the one-year period required by this paragraph for the acceptance of employment. An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this paragraph shall terminate the employment of the individual and be subject to a penalty under section 1518(c).

(13.2) Nothing under paragraph (13) or (13.1) shall prevent a current or former employee of the board, a current or former independent contractor or a current or former employee of an independent contractor from appearing before the board in any hearing or proceeding as a witness or testifying as to any fact or information.

(14) [Upon the written request of an employee of the board, the executive branch of the Commonwealth or a political subdivision or of the agency or political subdivision employing an employee, the State Ethics Commission shall determine whether the individual's duties substantially involve the development or adoption of regulations or policy, licensing or enforcement under this part and shall provide a written determination to the employee to include any prohibition under this paragraph. An individual who] The State Ethics Commission shall issue a written determination of whether a person is subject to paragraph (13) or (13.1) upon the written request of the person or the person's employer or potential employer. A person that relies in good faith on a determination issued under this paragraph shall not be subject to any penalty for an action taken, provided that all material facts set forth in the request for [a] the determination are correct.

(14.1) The State Ethics Commission shall publish a list of all employment positions within the board and employment positions within independent contractors whose duties would subject the individuals in those positions to the provisions of paragraphs (13) and (13.1). The board and each independent contractor shall assist the State Ethics Commission in the


development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially and posted by the board on the board's Internet website. Upon request, employees of the board and each independent contractor shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon an individual who fails to cooperate with the State Ethics Commission under this paragraph. An individual who relies in good faith on the list published by the State Ethics Commission shall not be subject to any penalty for a violation of paragraph (13) or (13.1).

(15) If a member[, employee or independent contractor] of the board violates any provision of this section, the appointing authority [or the board may, upon notice and hearing,] may remove the person from the board[, withdraw the appointment or terminate the employment or contract, and the person shall be ineligible for future appointment, employment or contract with the board and for approval of a license or permit under this part for a period of two years thereafter]. A member removed under this paragraph shall, for a period of five years following removal, be prohibited from future appointment to the board and shall be prohibited from applying for a license, permit or other authorization under this part and from becoming an independent contractor or registering as a licensed entity representative. * * * (k) Appointments.–The appointing authorities shall make their

initial appointments within 60 days of the effective date of this part. Appointments to fill a vacancy shall be made within 60 days of the creation of the vacancy. No appointment shall be final until receipt by the appointing authority of the required background investigation of the appointee by the Pennsylvania State Police which shall be completed within 30 days. No person who has been convicted in any domestic or foreign jurisdiction of a felony, infamous crime or gaming offense shall be appointed to the board.

* * * (m.1) Budgetary impasse.–If, in the event of a budgetary or

other fiscal crisis, the Governor orders the furlough of Commonwealth employees, the board and its employees and all employees of the department and the Pennsylvania State Police whose duties involve the regulation and oversight of gaming under this part shall not be subject to furlough and shall continue to perform their duties of employment.

* * * Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to read:

§ 1201.1. Applicability of other statutes. (a) General rule.–The following acts shall apply to the board:

(1) The act of [June 21, 1957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

* * * Section 4. Section 1202(a)(1) and (2) and (b)(7), (20) and (23) of

Title 4 are amended and subsection (b) is amended by adding paragraphs to read: § 1202. General and specific powers.

(a) General powers.– (1) The board shall have general and sole regulatory

authority over the conduct of gaming or related activities as described in this part. The board shall ensure the integrity of the acquisition and operation of slot machines, table games, table game devices and associated equipment and shall have sole regulatory authority over every aspect of the authorization [and], operation and play of slot machines and table games.

(2) The board shall employ individuals as necessary to carry out the powers and duties of the board, who shall serve at the board's pleasure. An employee of the board shall be considered a State employee for purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers). For the purposes of this paragraph, the board shall not be considered an

executive or independent agency under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. The board shall not take final action to fill any vacancy in the position of executive director of the board, director of the bureau, chief counsel of the board or director of the Office of Enforcement Counsel until receipt and review of the results of the individual's background investigation under section 1517(c)(1.1) (relating to investigations and enforcement).

* * * (b) Specific powers.–The board shall have the specific power

and duty: * * * (7) To administer oaths, examine witnesses and issue

subpoenas compelling the attendance of witnesses or the production of documents and records or other evidence[. The provisions of this paragraph shall apply to designated officers and employees.], or to designate officers or employees to perform these duties.

* * * (12.1) At its discretion, to award, revoke, suspend,

condition or deny a table game operation certificate to a slot machine licensee in accordance with Chapter 13A (relating to table games).

* * * (20) In addition to the power of the board regarding

license and permit applicants, to determine at its discretion the suitability of any person who furnishes or seeks to furnish to a slot machine licensee directly or indirectly any goods, services or property related to slot machines, table games, table game devices or associated equipment or through any arrangements under which that person receives payment based directly or indirectly on earnings, profits or receipts from the slot machines, table games, table game devices and associated equipment. The board may require any such person to comply with the requirements of this part and the regulations of the board and may prohibit the person from furnishing the services or property.

* * * (23) The board shall not approve an application for or

issue or renew a license, certificate, registration or permit unless it is satisfied that the applicant has demonstrated by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is a person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest or the effective regulation and control of slot machine or table game operations or create or enhance the danger of unsuitable, unfair or illegal practices, methods and activities in the conduct of slot machine or table game operations or the carrying on of the business and financial arrangements incidental thereto.

* * * (27.1) To publish each January in the Pennsylvania

Bulletin and on the Pennsylvania Gaming Control Board's Internet website a complete list of all slot machine licensees who filed a petition seeking authorization to conduct table games and the status of each petition or table game operation certificate.

* * * (31) To collect and post information on its Internet

website with sufficient detail to inform the public of each person with a controlling interest or ownership interest in an applicant for a slot machine license or a licensed gaming entity, or affiliate, intermediary, subsidiary or holding company of an applicant or licensed gaming entity. The posting shall include:

(i) If the applicant or licensed gaming entity, or any affiliate, intermediary, subsidiary or holding company of the applicant or licensed gaming entity, is a publicly traded domestic or foreign corporation, partnership, limited liability company or other legal entity, the names of all persons with a controlling


interest. (ii) If the applicant or licensed gaming entity, or

any affiliate, intermediary, subsidiary or holding company of the applicant or licensed gaming entity, is a privately held domestic or foreign corporation, partnership, limited liability company or other legal entity, the names of all persons with an ownership interest equal to or greater than 1%.

(iii) The name of any person entitled to cast the vote of a person named under subparagraph (i) or (ii).

(iv) The names of all officers, directors and principals of the applicant or licensed gaming entity. (32) To appoint a trustee as prescribed in section 1332

(relating to appointment of trustee). (33) To adopt regulations governing the postemployment

limitations and restrictions applicable to members and to employees of the board subject to section 1201(h)(13) (relating to Pennsylvania Gaming Control Board established). In developing these regulations, the board may consult with the State Ethics Commission, other governmental agencies and the disciplinary board of the Supreme Court of Pennsylvania regarding postemployment limitations and restrictions on members and employees of the board who are members of the Pennsylvania Bar.

(34) To review detailed site plans identifying a petitioner's proposed table game area within a licensed facility to determine the adequacy of the proposed internal and external security and proposed surveillance measures. Section 5. Section 1202.1 of Title 4 is amended to read:

§ 1202.1. Code of conduct. (a) Scope.–The board shall adopt a comprehensive code of

conduct prior to the consideration of any license, permit or registration application. The code of conduct shall supplement all other requirements under this part and 65 Pa.C.S. Pt. II (relating to accountability) and shall provide guidelines applicable to members, employees of the board, independent contractors [of the board] and the immediate [families] family of the members, employees and independent contractors to enable them to avoid any perceived or actual conflict of interest and to promote public confidence in the integrity and impartiality of the board. At a minimum, the code of conduct adopted under this section shall include registration of licensed entity representatives under subsection (b) and the restrictions under [subsection (c)] subsections (c) and (c.1).

(b) Registration.– (1) A licensed entity representative shall register with the

board in a manner prescribed by the board, which shall include the name, employer or firm, business address[,] and business telephone number of both the licensed entity representative and [the] any licensed entity, applicant for licensure or other person being represented.

(2) A licensed entity representative shall have an [ongoing] affirmative duty to update its registration information on an ongoing basis and failure to do so shall be punishable by the board.

(3) The [registration list] board shall maintain a registration list which shall contain the information required under paragraph (1) and which shall be available for public inspection at the offices of the board and on the board's Internet website. (c) Restrictions.–[A] In addition to the other prohibitions

contained in this part, a member [of the board] shall: (1) [Not engage in any ex parte communication with any

person.] (Reserved). (2) Not accept any discount, gift, gratuity, compensation,

travel, lodging or other thing of value, directly or indirectly, from any applicant[, licensee,]; licensed entity; affiliate, subsidiary, or intermediary of an applicant or a licensed entity; permittee[,]; registrant; or licensed entity representative [thereof].

(3) Disclose and [disqualify] recuse himself from any hearing or other proceeding in which the member's objectivity, impartiality, integrity or independence of judgment may be reasonably questioned due to the member's relationship or association with a party connected to any hearing or proceeding or a person appearing before the board.

(4) Refrain from any financial or business dealing which would tend to reflect adversely on the member's objectivity, impartiality or independence of judgment.

(5) Not hold or campaign for public office, hold an office in any political party or political committee as defined in section 1513(d) (relating to political influence), contribute to or solicit contributions to a political campaign, [party,] political party, political committee or candidate, publicly endorse a candidate or actively participate in a political campaign.

(6) Not solicit funds for any charitable, educational, religious, health, fraternal, civic or other nonprofit entity from [an] any applicant, licensed entity, party, permittee, registrant or licensed entity representative, or from any affiliate, subsidiary, intermediary or holding company of [a] any applicant, licensed entity, [interested] party or licensed entity representative. [A board] Subject to the provisions of section 1201(h)(4.1), a member may serve as an officer, employee or member of the governing body of a nonprofit entity and may attend, make personal contributions to and plan or preside over the entity's fundraising events. A [board] member may permit his name to appear on the letterhead used for fundraising events if the letterhead contains only the [board] member's name and position with the nonprofit entity.

(7) Not meet or engage in discussions with any applicant, [person licensed under this part or a] licensed entity, permittee, registrant, licensed entity representative, person who provides goods, property or services to a slot machine licensee or any other person or entity under the jurisdiction of the board unless the meeting or discussion occurs on the business premises of the board and is recorded in a log [maintained for this purpose]. The log shall be available for public inspection during the regular business hours of the board and shall be posted on the board's Internet website. The log shall include the date and time of the meeting or discussion, the names of the participants and the subject discussed. The provisions of this paragraph shall not apply to meetings [of the board] to consider matters requiring the physical inspection of the equipment or premises of an applicant or a licensed entity [at their location] provided the meeting is entered in the log.

(8) Avoid impropriety and the appearance of impropriety at all times and observe standards and conduct that promote public confidence in the oversight of gaming.

(9) Comply with any other laws, rules or regulations relating to the conduct of a member. (c.1) Ex parte communications.–

(1) No member or hearing officer of the board shall engage in any ex parte communication with any person. No attorney of the Office of Chief Counsel advising the board on a particular licensing issue or proceeding shall engage in any ex parte communication with any person.

(2) No attorney representing the bureau or the Office of Enforcement Counsel or an applicant, licensee or permittee in any proceeding, shall engage in an ex parte communication with a member, an attorney of the Office of Chief Counsel who is advising the board on a proceeding or a hearing officer of the board.

(3) No employee of the bureau or the Office of Enforcement Counsel shall engage in an ex parte communication with a member, an attorney of the Office of Chief Counsel who is advising the board on a proceeding or a hearing officer of the board. (c.2) Procedures relating to ex parte communications.–


(1) An ex parte communication received or engaged in by a member or hearing officer shall be recorded in a log. The log shall be available for public inspection during the regular business hours of the board and shall be posted on the board's Internet website. The log shall include:

(i) The name of the individual documenting the ex parte communication.

(ii) The date and time of the ex parte communication.

(iii) The names of all individuals involved in the ex parte communication.

(iv) The subject discussed. (2) In addition to documenting an ex parte

communication under paragraph (1), notification of the substance of the communication and an opportunity to respond shall be provided to all parties to a hearing or other proceeding directly affected by the anticipated vote or action of the hearing officer or board related to the ex parte communication.

(3) (i) A member or hearing officer who engaged in or received an ex parte communication shall recuse himself from any hearing or other proceeding related to the ex parte communication if the context and substance of the ex parte communication creates substantial reasonable doubt as to the individual's ability to act objectively, independently or impartially.

(ii) A member or hearing officer who engaged in or received an ex parte communication who elects not to recuse himself from a hearing or other proceeding shall state his reasons for not recusing himself on the record prior to the commencement of the hearing or proceeding.

(iii) If a legislative appointee recuses himself from any hearing or other proceeding under this section, any qualified majority vote required under this part shall consist of all of the remaining legislative appointees and at least two gubernatorial appointees.

(iv) Failure of a hearing officer who engaged in or received an ex parte communication to recuse himself from a hearing or other proceeding when required under subparagraph (i) shall be grounds for appeal to the board.

(v) Failure of a member who engaged in or received an ex parte communication to recuse himself from a hearing or other proceeding when required under subparagraph (i) shall be grounds for appeal to a court of competent jurisdiction if the board action being appealed could not have occurred without the participation of the member.

(4) This subsection shall not preclude a member from consulting with other members individually if the consultation complies with 65 Pa.C.S. Ch. 7 (relating to open meetings) or with employees or independent contractors whose functions are to assist the board in carrying out its adjudicative functions.

(d) Ex officio members.–The restrictions under subsection (c)(5) shall not apply to ex officio members.

(e) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Ex parte communication." An off-the-record communication engaged in or received by a member or [employee] hearing officer of the board regarding the merits of or any fact in issue relating to a pending matter before the board or hearing officer or which may reasonably be expected to come before the board or hearing officer in a contested on-the-record proceeding. The term shall not include off-the-record communications by or between a member or [employee] hearing officer of the board, [Department of Revenue] department, Pennsylvania State Police, Attorney General or other law enforcement official prior to the beginning of the proceeding solely for the purpose of seeking clarification or correction to evidentiary materials intended for use in the proceedings. The term shall also not include

communications between the board or a member and the office of chief counsel.

["Licensed entity representative." A person acting on behalf of or representing the interest of any applicant, licensee, permittee or registrant, including an attorney, agent or lobbyist, regarding any matter which may reasonably be expected to come before the board.]

Section 6. Title 4 is amended by adding a section to read: § 1202.2. Expenses of regulatory agencies.

(a) Reimbursement.–Members and employees of the board, employees of the department and the Office of Attorney General, and troopers and employees of the Pennsylvania State Police, whose duties involve the regulation or enforcement of gaming under this part who are seeking reimbursement from funds which are or will be paid by an applicant for a slot machine license or a slot machine licensee or from the assessments made by the department under section 1402(a)(relating to gross terminal revenue deductions) may be reimbursed only for actual and reasonable expenses incurred during the performance of their duties under this part.

(b) Receipts.–In order to receive reimbursement for an expense under subsection (a), the individual seeking reimbursement must submit a receipt to the appropriate agency documenting the expense incurred. Receipts and requests for reimbursement shall be financial records for purposes of, and subject to redaction under, the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Section 7. Section 1204 of Title 4 is amended to read: § 1204. Licensed gaming entity application appeals from board.

The Supreme Court of Pennsylvania shall be vested with exclusive appellate jurisdiction to consider appeals of any final order, determination or decision of the board involving the approval, issuance, denial or conditioning of a slot machine license or the award, denial or conditioning of a table game operation certificate. Notwithstanding the provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to direct appeals from government agencies), the Supreme Court shall affirm all final orders, determinations or decisions of the board involving the approval, issuance, denial or conditioning of a slot machine license or the award, denial or conditioning of a table game operation certificate unless it shall find that the board committed an error of law or that the order, determination or decision of the board was arbitrary and there was a capricious disregard of the evidence.

Section 7.1. Section 1205(b)(1) and (2) of Title 4 are amended and the subsection is amended by adding a paragraph to read: § 1205. License or permit application hearing process; public input

hearings. * * * (b) Public input hearing requirement.–

(1) [Prior to licensing a facility under this part, the board shall hold at least one public input hearing on the matter.] The board shall hold at least one public input hearing prior to:

(i) Approving a slot machine license application or renewing a slot machine license.

(ii) Approving the structural redesign of a licensed facility located in a city of the first class. (2) All public input hearings [relating to an application

for a slot machine license] under paragraph (1) shall be held in the municipality where the licensed facility will be, or is, located and shall be organized in cooperation with the municipality.

* * * (4) In addition to any witnesses scheduled to testify

under paragraph (3), the board shall establish a public comment period during which time members of the public may address the board regarding the application, license or proposed structural redesign. The board, in its discretion, may place reasonable time limits on an individual's comments. Section 8. Section 1206(f) of Title 4 is amended to read:

§ 1206. Board minutes and records. * * * (f) Confidentiality of information.–[All]


(1) The following information submitted by an applicant, permittee or licensee pursuant to section 1310(a) (relating to slot machine license application character requirements) or 1308(a.1) (relating to applications for license or permit) or obtained by the board or the bureau as part of a background or other investigation from any source shall be [considered] confidential[.] and withheld from public disclosure:

(i) All information relating to character, honesty and integrity, including family, habits, reputation, history of criminal activity, business activities, financial affairs and business, professional and personal associations submitted under section 1310(a) or 1308(a.1) or otherwise obtained by the board or the bureau.

(ii) Nonpublic personal information, including home addresses, telephone numbers and other personal contact information, Social Security numbers, educational records, memberships, medical records, tax returns and declarations, actual or proposed compensation, financial account records, creditworthiness or financial condition relating to an applicant, licensee or permittee or the immediate family thereof.

(iii) Information relating to proprietary information, trade secrets, patents or exclusive licenses, architectural and engineering plans and information relating to competitive marketing materials and strategies, which may include customer-identifying information or customer prospects for services subject to competition.

(iv) Security information, including risk prevention plans, detection and countermeasures, location of count rooms, emergency management plans, security and surveillance plans, equipment and usage protocols and theft and fraud prevention plans and countermeasures.

(v) Information with respect to which there is a reasonable possibility that public release or inspection of the information would constitute an unwarranted invasion into personal privacy of any individual as determined by the board.

(vi) Records of an applicant or licensee not required to be filed with the Securities and Exchange Commission by issuers that either have securities registered under section 12 of the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or are required to file reports under section 15(d) of the Securities Exchange Act of 1934.

(vii) Records considered nonpublic matters or information by the Securities and Exchange Commission as provided by 17 CFR 200.80 (relating to commission records and information).

(viii) Any financial information deemed confidential by the board upon a showing of good cause by the applicant or licensee. (2) No claim of confidentiality shall be made regarding

any criminal history record information that is available to the public under 18 Pa.C.S. § 9121(b) (relating to general regulations).

(3) No claim of confidentiality shall be made regarding any record in possession of the board that is otherwise publicly available from a Commonwealth agency, local agency or another jurisdiction.

(3.1) Notwithstanding paragraph (1)(iii), for purposes of a public input hearing under this part, the board may release architectural renderings or models depicting a proposed structural design or redesign of the licensed facility that is the subject of the hearing.

(4) Except as provided in section 1517(f) (relating to

[investigation] investigations and enforcement), the information made confidential pursuant to this section shall be withheld from public disclosure in whole or in part, except that any confidential information shall be released upon the [lawful] order of a court of competent jurisdiction or, with the approval of the Attorney General, to a duly authorized law enforcement agency or shall be released to the public, in whole or in part, to the extent that such release is requested by an applicant or licensee and does not otherwise contain confidential information about another person.

(5) The board may seek a voluntary waiver of confidentiality from an applicant or licensee but may not require any applicant or licensee to waive any confidentiality provided for in this subsection as a condition for the approval of an application, renewal of a license or any other action of the board. [Any person who violates this subsection shall]

(6) No current or former member and no current or former employee, agent or independent contractor of the board, the department, the Pennsylvania State Police, the Office of Attorney General or any other Executive-branch office who has obtained confidential information in the performance of duties under this part, shall intentionally and publicly disclose the information to any person, knowing that the information being disclosed is confidential under this subsection, unless the person is authorized by law to receive it. A violation of this subsection constitutes a misdemeanor of the third degree. In addition, an employee, agent or independent contractor who violates this subsection shall be administratively disciplined by discharge, suspension, termination of contract or other formal disciplinary action as [the board deems] appropriate. If a current member violates this paragraph, the other members shall refer the matter to the current member's appointing authority. * * * Section 8.1. Section 1207(4), (5), (8), (9), (14) and (17) of Title

4 are amended and the section is amended by adding paragraphs to read: § 1207. Regulatory authority of board.

The board shall have the power and its duties shall be to: * * * (4) Require that each licensed entity provide to the board

its audited annual financial statements, with such additional detail as the board from time to time shall require, which information shall be submitted not later than [60] 90 days after the end of the licensee's fiscal year.

(5) Prescribe the procedures to be followed by slot machine licensees for any financial event that occurs in the operation and play of slot machines or table games.

* * * (7.1) Enforce prescribed hours for the operation of table

games so that a certificate holder may conduct table games on any day during the year in order to meet the needs of patrons or to meet competition.

(8) Require that each licensed gaming entity prohibit persons under 21 years of age from operating or using slot machines or playing table games.

(9) Establish procedures for the inspection and certification of compliance of each slot machine, table game, table game device and associated equipment prior to being placed into use by a slot machine licensee.

* * * (14) Consult with members of the Pennsylvania State

Police, the Office of Attorney General, the department and such other persons it deems necessary for advice regarding the various aspects of the powers and duties imposed on it under this part and its jurisdiction over the authorization, [and] operation and play of slot machines, table games and licensed facilities.

* * * (17) Permit, in its discretion and upon application or

petition, the use of a temporary facility within which slot


machines and table games may be available for play or operation at a licensed [gaming] facility, for a period not to exceed 24 months, provided that, upon good cause shown, the board may extend permission to operate a temporary facility for an additional [12-month] 24-month period.

(18) In consultation with the department, establish a procedure and method for determining the daily gross table game revenue from play at gaming tables, including electronic gaming tables and fully automated electronic gaming tables.

(19) Authorize an employee of the board to approve, deny or condition a certificate holder's request to decrease the number of slot machines in operation at its licensed facility. An employee may not approve a requested decrease in the number of slot machines under this paragraph if the requested decrease exceeds 2% of the total number of slot machines in operation at the certificate holder's licensed facility. At no time shall the number of slot machines in operation at a Category 1 or Category 2 licensed facility be less than 1,500.

(20) Approve, in its discretion, a reduction in the number of slot machines in operation at a licensed facility under the following circumstances:

(i) For the duration of any renovation, remodeling or modification of an area of a licensed facility where slot machines are located.

(ii) To enable the licensed facility to respond to an emergency.

(iii) In response to market conditions. At no time shall the number of slot machines in operation at a Category 1 or Category 2 licensed facility be less than 1,500. Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of Title

4 are amended to read: § 1208. Collection of fees and fines.

The board has the following powers and duties: (1) To levy and collect fees from the various applicants,

licensees and permittees to fund the operations of the board. [The] Unless otherwise provided in this part, the fees shall be deposited into the State Gaming Fund as established in section 1403 (relating to establishment of State Gaming Fund and net slot machine revenue distribution) and distributed to the board upon appropriation by the General Assembly. In addition to the fees set forth in sections 1209 (relating to slot machine license fee) and 1305 (relating to Category 3 slot machine license), the board shall assess and collect fees as follows:

(i) [Supplier] Subject to subparagraph (i.1), supplier licensees shall pay [a]:

(A) A fee of $25,000 upon the issuance of a license [and $10,000 for the annual renewal of a supplier license.] to supply slot machines or associated equipment used in connection with slot machines.

(B) A fee of $25,000 upon the issuance of a license to supply table game devices or associated equipment used in connection with table games or table game devices.

(C) A fee of $15,000 for the annual renewal of the appropriate supplier license. Upon the extension of the renewal period under section 1317(c)(1) (relating to supplier licenses), the fee shall be $45,000 for the renewal. (ii) [Manufacturer] Subject to subparagraph

(ii.1), manufacturer licensees shall pay [a]: (A) A fee of $50,000 upon the issuance

of a license [and $25,000 for the annual renewal of a manufacturer license.] to manufacture slot machines and associated equipment used in connection with slot machines.

(B) A fee of $50,000 upon the issuance of a license to manufacture table game devices or

associated equipment used in connection with table games or table game devices.

(C) A fee of $30,000 for the annual renewal of the appropriate manufacturer license. Upon the extension of the renewal period under section 1317.1(c)(1) (relating to manufacturer licenses), the fee shall be $90,000 for the renewal. (iii) Each application for a slot machine license,

supplier license or manufacturer license must be accompanied by a nonrefundable fee set by the board for the cost of each individual requiring a background investigation. The reasonable and necessary costs and expenses incurred in any background investigation or other investigation or proceeding concerning any applicant, licensee, permittee or registrant shall be reimbursed to the board by those persons. * * *

§ 1209. Slot machine license fee. * * * (b) Term.–A slot machine license, after payment of the fee, shall

be in effect unless suspended, revoked or not renewed by the board upon good cause consistent with the license requirements as provided for in this part. Slot machine licensees shall be required to update the information in their initial applications annually, and the license of a licensee in good standing shall be [updated and] renewed [annually] every three years. Nothing in this subsection shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in the application materials on file with the board. As to the renewal of a license, except as required in subsection (f)(1), no additional license fee pursuant to subsection (a) shall be required.

* * * (f) Return of slot machine license fee.–

(1) The entire one-time slot machine license fee of $50,000,000 for each Category 1 and Category 2 slot machine license shall be returned to each licensee in the event section 1201 (relating to Pennsylvania Gaming Control Board established), 1202 (relating to general and specific powers) or 1307 (relating to number of slot machine licenses) is amended or otherwise altered by an act of the General Assembly, within five years following the [initial issuance of any slot machine licenses pursuant to section 1301 (relating to authorized slot machine licenses)] date established by the board as the deadline for the initial submission of Category 1 and Category 2 slot machine license applications, to change:

(i) the composition of the board; (ii) the number or voting powers of members of

the board; (iii) the manner in which members are

nominated or appointed to the board; (iv) the length of term for which each member

serves; (v) the general jurisdiction of the board in a

manner that impairs or otherwise reduces the board's licensing authority; or

(vi) section [1307] 1307(a) to increase the statutory maximum number of permissible Category 1 or Category 2 licensed facilities. (2) In the event that [this part is amended or otherwise

altered by an act of] the General Assembly [as] acts in the manner described [pursuant to] in paragraph (1):

(i) In the sixth year following the [initial issuance of any slot machine licenses pursuant to section 1301] date established by the board as the deadline for the initial submission of Category 1 and Category 2 slot machine license applications, a Category 1 and Category 2 slot machine licensee shall be entitled to a partial return


of the one-time slot machine license fee in the amount of $41,666,667.

(ii) In the seventh year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $33,333,334.

(iii) In the eighth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $25,000,000.

(iv) In the ninth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time slot machine license fee in the amount of $16,666,668.

(v) In the tenth year, [the] each Category 1 and Category 2 slot machine licensee shall be entitled to a partial return of the one-time machine license fee in the amount of $8,333,334. (2.1) In the event that the [action] General Assembly

acts in the manner described in paragraph (1) [occurs] after the expiration of ten years, [the licensee] Category 1 and Category 2 slot machine licensees shall not be entitled to a return of any portion of the one-time slot machine license fee. Notwithstanding the foregoing, no slot machine licensee shall be entitled to the return of any portion of the fee as a result of any act of the General Assembly insofar as it implements a recommendation made by the board pursuant to a qualified majority vote. In the event a full or partial return of the slot machine license fee imposed pursuant to subsection (a) becomes due pursuant to this subsection, the amount to be returned to any slot machine licensee shall be reduced on a dollar-for-dollar basis by the total accumulated tax credits granted to such licensee pursuant to subsection (c). In no event shall the total amount of the slot machine license fee returned to a Category 1 or Category 2 licensee, combined with the total tax credits granted, exceed the amounts set forth in this subsection for any licensee. The total or partial return of the slot machine license fee shall extinguish a licensee's right to claim any further tax credits pursuant to subsection (c) and to make any future claim for the return of the slot machine license fee.

(3) Within ten days following a determination that a slot machine licensee is entitled to the return of any portion of the slot machine license fee paid by the slot machine licensee based on the provisions of this section or based on a contract executed by a slot machine licensee and the department under subsection (c), the board shall immediately assess a one-time slot machine license renewal fee on each slot machine licensee in an amount equal to the amount of the fee returned to the slot machine licensee. The renewal fee shall be paid by each slot machine licensee within two business days following the return of the initial fee.

§ 1210. Number of slot machines. (a) Initial complement.–Except as provided for Category 3 slot

machine licensees under section 1305 (relating to Category 3 slot machine license), [all] the following apply:


(2) Each slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at [any one] its licensed facility within one year of the issuance by the board of a slot machine license [unless otherwise extended by the] to the slot machine licensee. The board, upon application and for good cause shown, may grant an extension for an additional period [not to exceed 24 months] ending on the later of 36 months from the end of the initial one-year period or December 31, 2012.

(3) Upon expiration of the applicable time period under

paragraph (2) and at all times thereafter, a slot machine licensee shall be required to operate and make available to play a minimum of 1,500 slot machines at its licensed facility. (b) Additional slot machines.–Except as provided for Category 3

slot machine licensees under section 1305, six months following the date of commencement of slot machine operations, the board may permit a slot machine licensee to install and operate up to 2,000 additional slot machines at its licensed facility, beyond those machines [authorized] permitted under subsection (a), upon application by the slot machine licensee. The board, in considering such an application, shall take into account the appropriateness of the physical space where the additional slot machines will be located and the convenience of the public attending the facility. The board may also take into account the potential benefit to economic development, employment and tourism, enhanced revenues to the Commonwealth and other economic indicators it deems applicable in making its decision.

[(c) Limitation.–For the two and one-half years following the beginning of slot machine operations at the licensed facility, no licensed gaming entity may make available for play by its patrons at its licensed facility more than 50% of slot machines from the same manufacturer or its affiliate, intermediary, subsidiary or holding company. The provisions of this subsection shall not apply to machines purchased pursuant to a contract or order executed by a conditional Category 1 or Category 1 slot machine licensee prior to October 20, 2006.]

Section 9. Section 1211(a) of Title 4 is amended and the section is amended by adding subsections to read: § 1211. Reports of board.

(a) Report of board.–Eighteen months after the effective date of this part and every year on that date thereafter, the board shall issue a report to the Governor and each member of the General Assembly on the general operation of the board and each slot machine licensee's performance, including, but not limited to, number and win per slot machine and total gross terminal revenue at each licensed [facilities] facility during the previous year, all taxes, fees, fines and other revenues collected and, where appropriate, disbursed, the costs of operation of the board, all hearings conducted and the results of the hearings and other information that the board deems necessary and appropriate.

(a.1) Additional reporting requirements.–No later than 12 months after the effective date of Chapter 13A (relating to table games) and every year thereafter, the annual report submitted by the board shall include information on the conduct of table games as follows:

(1) Total gross table game revenue. (2) The number and win by type of table game at each

licensed facility during the previous year. (3) All taxes, fees, fines and other revenue collected and

where appropriate revenue disbursed during the previous year. The department shall collaborate with the board to carry out the requirements of this paragraph.

(4) Other information related to the conduct of table games.

The board may require certificate holders to provide information to the board to assist in the preparation of the report.

(a.2) Facility responsibility.–Each Category 1 licensed facility shall provide:

(1) An annual report to the board and to the respective racing commission summarizing how the introduction and expansion of gaming has fulfilled the intent of this part to enhance live racing at the licensed racetrack.

(2) Plans to promote live racing and increase live handle and daily attendance at the licensed racetrack in the upcoming year. (a.3) Expenses.–Beginning 30 days after the effective date of

this subsection, the board shall post within 45 days after the end of each month on its Internet website a list of all the itemized expenses of employees and members for that month that were or are to be reimbursed from the assessments made by the department under


section 1402(a) (relating to gross terminal revenue deductions) and all itemized expenses of employees of the department and the Office of Attorney General and troopers and employees of the Pennsylvania State Police for the preceding month that were or are to be reimbursed from such assessments. The list shall identify the nature of the expense, the employee, member or the agency and employee of the agency to which an expense is attributable. If the expense is directly attributable to or paid by a licensed gaming entity, the list shall identify the licensed gaming entity and if the expense was charged to the licensed gaming entity. By October 1 of each year, a final report of all expenses described in this subsection for the preceding fiscal year shall be posted on the board's Internet website and shall be submitted to the Appropriations Committee of the Senate, the Community, Economic and Recreational Development Committee of the Senate, the Appropriations Committee of the House of Representatives and the Gaming Oversight Committee of the House of Representatives. Information posted on the Internet website pursuant to this subsection shall be financial records for the purposes of and subject to redaction under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The board, the department, the Office of Attorney General and the Pennsylvania State Police shall collaborate to develop a uniform system that will enable the board to carry out the requirements of this subsection.

* * * (e) Submission of reports.–Notwithstanding any other provision

of this part, all annual reports or studies of the board required to be submitted to the General Assembly under this part after the effective date of this subsection shall be submitted by October 1, 2010, and by October 1 of each year thereafter.

Section 10. Sections 1212 and 1213 of Title 4 are amended to read: § 1212. Diversity goals of board.

(a) Intent.–It is the intent and goal of the General Assembly that the board promote and ensure diversity in all aspects of the gaming activities authorized under this part. The board shall work to enhance the representation of diverse groups in [the]:

(1) The ownership[, participation and operation] of licensed entities [and licensed facilities] in this Commonwealth [and through the].

(2) The ownership[, participation and operation] of business enterprises associated with or utilized by licensed entities [and licensed facilities] and through the provision of goods and services utilized by slot machine licensees under this part.

(3) The operation of licensed entities and the conduct of gaming in this Commonwealth by ensuring licensed entities promote the participation of diverse groups by affording equal access to employment opportunities, including key employee, gaming employee, and nongaming employee positions.

(4) The operation of business enterprises associated with or utilized by licensed entities, including business enterprises that provide goods, property and services utilized by slot machine licensees in this Commonwealth by ensuring these business enterprises promote the participation of diverse groups by affording equal access to employment opportunities.

(5) The construction, renovation or reconstruction of a licensed facility by ensuring that all contracts and subcontracts to be awarded relating to the construction, renovation or reconstruction of a licensed facility contain adequate provisions ensuring all contractors or subcontractors and assignees, will promote the participation of diverse groups in any proposed construction, renovation or reconstruction project by affording equal access to employment opportunities.

(6) The rendering of professional services to licensed entities by ensuring licensed entities promote the participation of diverse groups by affording equal access to professional service contractual opportunities. (a.1) Reports by licensees.–Each slot machine licensee shall

submit a quarterly report to the board describing activities undertaken at its licensed facility related to the development and implementation of its diversity plan in accordance with section 1325 (relating to license or permit issuance) during the prior quarter. At a minimum, the quarterly reports shall contain a summary of:

(1) All employee recruitment and retention efforts undertaken to ensure the participation of diverse groups in employment with the slot machine licensee.

(2) The total number of hires and employment offers made, including data relating to the race, gender and residence of those hired or offered employment.

(3) All contracting and subcontracting data involving the slot machine licensee and minority-owned business enterprises and women-owned business enterprises.

(4) Any other information deemed relevant or necessary by the board to assess the slot machine licensee's diversity plan. (b) [Investigations] Annual review.–The board [is authorized to

investigate and] shall conduct an annual [study to ascertain] review of each slot machine licensee's activities related to the implementation of its diversity plan in order to evaluate whether the slot machine licensee has taken effective and meaningful action [has been taken or will be taken to enhance the] to implement a diversity plan and whether the licensee's plan and any other actions taken have achieved or will achieve the Commonwealth's goal of enhanced representation of diverse groups in the [ownership, participation and operation of licensed facilities in this Commonwealth, through the ownership and operation of business enterprises associated with or utilized by slot machine licensees, through the provision of goods and services utilized by slot machine licensees and through employment opportunities] gaming industry as set forth in subsection (a).

(c) Completion of investigation.–The [first study] review required under subsection (b) shall be completed six months following the effective date of this [part] section, if practically possible, and annually thereafter and shall contain recommendations which the board determines appropriate. Each review shall contain, at a minimum, a descriptive summary of the following relating to each slot machine licensee's licensed facility:

(1) Employee recruitment and retention programs designed to ensure the participation of diverse groups.

(2) The total number of hires and employment offers made, including data relating to the race, gender and residence of individuals hired or offered employment.

(3) Minority-owned business enterprise and women-owned business enterprise contracting and subcontracting data. (d) Facility responsibility.–Each slot machine licensee shall

provide information as required by the board to enable the board to complete the reviews required under subsection (b).

(e) Definition.–As used in this section, the term "professional services" means those services rendered to a slot machine licensee which relate to a licensed facility in this Commonwealth, including, but not limited to:

(1) Legal services. (2) Advertising or public relations services. (3) Engineering services. (4) Architectural, landscaping or surveying services. (5) Accounting, auditing or actuarial services. (6) Security consultant services. (7) Computer and information technology services,

except telephone service. § 1213. License or permit prohibition.

[No applicant for a license or permit under this part, including principals and key employees,] The following apply:

(1) The board shall be prohibited from granting a principal license or a key employee license to an individual who has been convicted of a felony [or gambling] offense in any jurisdiction [shall be issued a license or permit unless 15 years has elapsed from the date of expiration of the sentence for the


offense]. (2) [When determining whether to issue a license or

permit to an applicant who has been convicted in any jurisdiction of a felony or gambling offense,] In addition to the prohibition under paragraph (1), the board shall be prohibited from granting the following:

(i) A principal license or key employee license to an individual who has been convicted in any jurisdiction of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense.

(ii) A gaming employee permit or a license other than a principal license or key employee license to an individual who has been convicted in any jurisdiction of a felony offense or of a misdemeanor gambling offense, unless 15 years have elapsed from the date of conviction for the offense. (3) Following the expiration of any prohibition period

applicable to an applicant under paragraph (2), in determining whether to issue a license or permit, the board shall consider the following factors:

[(1)] (i) The nature and duties of the applicant's position with the licensed entity.

[(2)] (ii) The nature and seriousness of the offense or conduct.

[(3)] (iii) The circumstances under which the offense or conduct occurred.

[(4)] (iv) The age of the applicant when the offense or conduct was committed.

[(5)] (v) Whether the offense or conduct was an isolated or a repeated incident.

[(6)] (vi) Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the applicant. (4) For purposes of this section, a felony offense is any

of the following: (i) An offense punishable under the laws of this

Commonwealth by imprisonment for more than five years.

(ii) An offense which, under the laws of another jurisdiction, is:

(A) classified as a felony; or (B) punishable by imprisonment for

more than five years. (iii) An offense under the laws of another

jurisdiction which, if committed in this Commonwealth, would be subject to imprisonment for more than five years.

Section 10.1. Title 4 is amended by adding a section to read: § 1214. Specific authority to suspend slot machine license.

(a) Conditions.–Any slot machine licensee that is required as a condition of licensure to make payments to a municipality, municipal authority or other entity for an economic development project, including any project enumerated in the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, shall, within 30 days of the effective date of this section or within 30 days following licensure, whichever is later, enter into a written agreement with the municipality, municipal authority or other entity. The written agreement shall establish and govern the terms of the required payments, including the amounts of each payment, the date on which each payment shall be made and the duration of the payments.

(b) Failure to meet conditions.–If a slot machine licensee fails to enter into a written agreement as required by subsection (a), the board may take any action it deems necessary. An action taken by the board shall remain in effect until the slot machine licensee satisfies the board that it has entered into the written agreement required by subsection

(a). (c) Failure to comply with written agreement.–If a slot machine

licensee is in default with respect to a payment obligation contained in a written agreement required by subsection (a), the board may take any action it deems necessary. An action taken by the board shall remain in effect until the slot machine licensee satisfies the board that it is in compliance with the terms of the written agreement.

(d) Other remedies applicable.–Nothing in this section shall prohibit the board from taking any additional action, including suspension or revocation of the slot machine licensee's license, appointing a trustee under section 1332, or imposing any other sanction permitted by this part against a slot machine licensee who violates the provisions of this section.

Section 10.2. Sections 1304(b), 1305(a)(1), (b)(1), (c), (d) and (e) and 1307 of Title 4 are amended to read: § 1304. Category 2 slot machine license.

* * * (b) Location.–

(1) Two Category 2 licensed facilities and no more shall be located by the board within a city of the first class, and one Category 2 licensed facility and no more shall be located by the board within a city of the second class. No Category 2 licensed facility located by the board within a city of the first class shall be within ten linear miles of a Category 1 licensed facility regardless of the municipality where the Category 1 licensed facility is located. Except for any Category 2 licensed facility located by the board within a city of the first class or a city of the second class, no Category 2 licensed facility shall be located within 30 linear miles of any Category 1 licensed facility that has conducted over 200 racing days per year for the two calendar years immediately preceding the effective date of this part and not within 20 linear miles of any other Category 1 licensed facility. Except for any Category 2 licensed facility located by the board within a city of the first class, no Category 2 licensed facility shall be located within 20 linear miles of another Category 2 licensed facility.

(2) Within five days of approving a license for an applicant with a proposed licensed facility consisting of land designated a subzone, an expansion subzone or an improvement subzone under the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act for a slot machine license under this section, the board shall notify the Department of Community and Economic Development. The notice shall include a description of the land of the proposed licensed facility which is designated a subzone, an expansion subzone or an improvement subzone. Within five days of receiving the notice required by this paragraph, the Secretary of Community and Economic Development shall decertify the land of the proposed licensed facility as being a subzone, an expansion subzone or an improvement subzone. Upon decertification in accordance with this paragraph and notwithstanding Chapter 3 of the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, a political subdivision may amend the ordinance, resolution or other required action which granted the exemptions, deductions, abatements or credits required by the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act to repeal the exemptions, deductions, abatements or credits for the land decertified.

(3) Notwithstanding any other provision of law, the governing body of a city of the first class shall not exempt from real property taxation or provide any real property tax abatement under the act of December 1, 1977 (P.L.237, No.76), known as the Local Economic Revitalization Tax Assistance Act, to a Category 2 licensed facility located within the city, or any improvements to such facility, unless the owner of the licensed facility enters into or has entered into a tax settlement agreement


or payment in lieu of taxes agreement with the city, including any amendments, supplements or modifications of such agreements.

§ 1305. Category 3 slot machine license. (a) Eligibility.–

(1) (i) A person may be eligible to apply for a Category 3 slot machine license if the applicant, its affiliate, intermediary, subsidiary or holding company has not applied for or been approved or issued a Category 1 or 2 slot machine license and the person is seeking to locate a Category 3 licensed facility in a well-established resort hotel having no fewer than 275 guest rooms under common ownership and having substantial year-round [recreational guest] amenities. The applicant for a Category 3 license shall be the owner or be a wholly owned subsidiary of the owner of the established resort hotel. [A Category 3 license may only be granted upon the express condition that an individual may not enter a gaming area of the licensee if the individual is not a registered overnight guest of the established resort hotel or if the individual is not a patron of one or more of the amenities provided by the established resort hotel.] In addition to any other individual prohibited under this part from entering the gaming area of a licensed facility, an individual who does not meet at least one of the following criteria shall also be prohibited from entering the gaming area of an established resort hotel for which a Category 3 license has been issued:

(A) The individual is a registered overnight guest of the established resort hotel.

(B) The individual is a patron of the amenities provided by the established resort hotel.

(C) The individual possesses a membership to the established resort hotel or is a guest of an individual who possesses such a membership. The guest must be accompanied by the individual who possesses the membership when entering or remaining in the gaming area of the hotel. The owner of the established resort hotel may issue memberships that allow for up to four guests of the membership owner to enter the gaming area. (ii) Nothing in this paragraph shall be deemed to

prohibit an individual 18 years of age or older from entering and remaining in the gaming area of an established resort hotel while in the performance of employment duties performed on behalf of the resort hotel. * * *

(b) Location.– (1) Mileage requirements are as follows:

(i) No Category 3 license which was authorized by this part prior to December 1, 2009, regardless of when issued, shall be located by the board within 15 linear miles of another licensed facility.

(ii) No Category 3 license which was authorized by this part after November 30, 2009, shall be located by the board within 30 linear miles of another licensed facility. * * *

(c) Number of slot machines.–Notwithstanding the number of permissible slot machines as set forth in section 1210 (relating to number of slot machines), a Category 3 license granted under the provisions of this section shall entitle the licensed entity to operate no more than 500 slot machines at the licensed facility, provided, however, a Category 3 slot machine licensee holding a table game operation certificate shall be entitled to operate no more than 600 slot machines at its licensed facility.

(d) Category 3 license fee.–[Notwithstanding the one-time slot machine license fee as set forth in section 1209 (relating to slot machine license fee), the] The board shall impose a one-time Category 3 license fee to be paid by each successful applicant in the amount of $5,000,000 to be deposited in the State Gaming Fund. The provisions of section [1209 relating to term, credit against tax for slot machine licensees, deposit of license fee and change of ownership or control of a license shall be applicable] 1209(b), (c), (d) and (e) shall apply to a Category 3 [license fee] licensee.

(e) Definitions.–For the purpose of subsection (a), the following words and phrases shall have the meaning given to them in this subsection:

"Amenities." Any ancillary activities, services or facilities in which a registered guest or the transient public, in return for non-de minimis consideration as defined by board regulation, may participate at a resort hotel, including, but not limited to, sports and recreational activities and facilities such as a golf course or golf driving range, tennis courts or swimming pool; health spa; convention, meeting and banquet facilities; entertainment facilities; and restaurant facilities.

"Patron of the amenities." Any individual who is a registered attendee of a convention, meeting or banquet event or a participant in a sport or recreational event or any other social, cultural or business event held at a resort hotel or who participates in one or more of the amenities provided to registered guests of the resort hotel. § 1307. Number of slot machine licenses.

(a) Category 1 and Category 2 slot machine licenses.–The board may license no more than seven Category 1 licensed facilities and no more than five Category 2 licensed facilities, as it may deem appropriate, as long as two, and not more, Category 2 [licenses] licensed facilities are located by the board within the city of the first class and that one, and not more, Category 2 licensed facility is located by the board within the city of the second class. The board may at its discretion increase the total number of Category 2 licensed facilities permitted to be licensed by the board by an amount not to exceed the total number of Category 1 licenses not applied for within five years following the effective date of this part. Except as permitted by section 1328 (relating to change in ownership or control of slot machine licensee), any Category 1 license may be reissued by the board at its discretion as a Category 2 license if an application for issuance of such license has not been made to the board.

(b) Category 3 slot machine licenses.– (1) The board may license no more than two Category

3 licensed facilities that shall be subject to the mileage restriction under section 1305(b)(1)(i)(relating to Category 3 slot machine license).

(2)The board may license no more than one Category 3 licensed facility that shall be subject to the mileage restriction under section 1305(b)(1)(ii). Within ten days following the effective date of this paragraph, the board shall establish an application period not to exceed 90 days for the acceptance of applications for this Category 3 license. Section 10.3. Sections 1308 and 1309 of Title 4 are amended by

adding subsections to read: § 1308. Applications for license or permit.

* * * (a.1) Submission of information.–An applicant for a license or

permit under this part shall disclose in the application all arrests of the applicant and all citations issued to the applicant for summary gambling offenses. The information shall include:

(1) A brief description of the circumstances surrounding the arrest or issuance of the citation.

(2) The specific offense charged. (3) The ultimate disposition of the charge, including the

details of any dismissal, plea bargain, conviction, sentence, pardon, expungement or order of Accelerated Rehabilitative Disposition.

No applicant shall be required to provide documentation relating to any summary offense. Failure of the bureau to recover records of a


summary offense shall not be grounds for denying an application. * * *

§ 1309. Slot machine license application. * * * (a.1) Table games information.–

(1) An applicant for a slot machine license may submit with its application all information required under Chapter 13A (relating to table games) and request that the board consider its application for a slot machine license and a table game operation certificate concurrently. All fees for a table game operation certificate shall be paid by the applicant in accordance with section 1361A (relating to table game authorization fee).

(2) The board shall permit any applicant for a slot machine license that has an application pending before the board on the effective date of this subsection to supplement its application with all information required under Chapter 13A and to request that the board consider its application for a slot machine license and a table game operation certificate concurrently. All fees for a table game operation certificate shall be paid by the applicant in accordance with section 1361A.

* * * Section 10.4. Section 1310 of Title 4 is amended to read:

§ 1310. Slot machine license application character requirements. (a) Application.–

(1) Every application for a slot machine license shall include such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's suitability, including good character, honesty and integrity. Information shall include, without limitation, information pertaining to family, habits, character, reputation, criminal history background, business activities, financial affairs and business, professional and personal associates, covering at least the ten-year period immediately preceding the filing date of the application.

(2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to use of records by licensing agencies), in addition to the information submitted under section 1308(a.1) (relating to applications for license or permit), a conviction for a felony offense or a misdemeanor gambling offense that has been expunged or overturned, or for which a person has been pardoned or an order of Accelerated Rehabilitative Disposition has been issued, shall be included with an application and considered by the board as part of the review of the applicant's suitability under paragraph (1). (b) Civil judgments and law enforcement agency information.–

Each applicant shall notify the board of any civil judgments obtained against the applicant pertaining to antitrust or security regulation laws of the Federal Government, this Commonwealth or any other state, jurisdiction, province or country. In addition, each applicant shall produce a letter of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letter of reference shall indicate that the law enforcement agencies do not have any pertinent information concerning the applicant or, if the law enforcement agency does have information pertaining to the applicant, shall specify the nature and content of that information. If no letters are received within 30 days of the request, the applicant may submit a statement under oath which is subject to the penalty for false swearing under 18 Pa.C.S. § 4903 (relating to false swearing) that the applicant is or was during the period the activities were conducted in good standing with the gaming or casino enforcement or control agency.

(c) Gaming or casino enforcement agency information.–If the applicant has held a gaming license in a jurisdiction where gaming activities are permitted, the applicant shall produce a letter of reference from the gaming or casino enforcement or control agency which shall specify the experiences of that agency with the applicant, the applicant's associates and the applicant's gaming operation. If no letters are received within 30 days of the request, the applicant may submit a

statement under oath which is subject to the penalty for false swearing under 18 Pa.C.S. § 4903 that the applicant is or was during the period the activities were conducted in good standing with the gaming or casino enforcement or control agency.

(d) Agency records.–Each applicant for a slot machine license, principal license or key employee license shall be required to apply to each Federal agency deemed appropriate by the board or bureau for agency records under the Freedom of Information Act (Public Law 89-554, 5 U.S.C. § 552) pertaining to the applicant and provide the bureau with the complete record received from the Federal agency. The board may issue a license to the applicant prior to the receipt of information under this subsection.

Section 10.5. Sections 1317(a) and (c)(1) and 1317.1(a), (b)(5), (c), (d), (d.1) and (e) of Title 4 are amended and the sections are amended by adding subsections to read: § 1317. Supplier licenses.

(a) Application.–A manufacturer that elects to contract with a supplier under section 1317.1(d.1) (relating to manufacturer licenses) shall ensure that the supplier is appropriately licensed under this section. A person seeking to provide slot machines, table game devices or associated equipment to a slot machine licensee within this Commonwealth through a contract with a licensed manufacturer shall apply to the board for [a] the appropriate supplier license.


requirements of subsection (b) have been met, the board may approve the application and issue the applicant a supplier license consistent with all of the following:

(1) [The license shall be for a period of one year. Upon expiration, the license may be renewed in accordance with subsection (d)] The initial license shall be for a period of one year and if renewed under subsection (d), the license shall be for a period of three years. Nothing in this paragraph shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any information contained in the application materials on file with the board.

* * * (c.1) Abbreviated process.–In the event an applicant for a

supplier license to supply table game devices or associated equipment used in connection with table games is licensed by the board under this section to supply slot machines or associated equipment used in connection with slot machines, the board may determine to use an abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license to supply table game devices or associated equipment used in connection with table games, including financial viability of the applicant. Nothing in this section shall be construed to waive any fees associated with obtaining a license through the normal application process. The board may only use the abbreviated process if all of the following apply:

(1) The supplier license was issued by the board within a 36-month period immediately preceding the date the supplier licensee files an initial application to supply table game devices or associated equipment.

(2) The person to whom the supplier license was issued affirms there has been no material change in circumstances relating to the license.

(3) The board determines, in its sole discretion, that there has been no material change in circumstances relating to the licensee that necessitates that the abbreviated process not be used. * * *

§ 1317.1. Manufacturer licenses. (a) Application.–A person seeking to manufacture slot machines,

table game devices and associated equipment for use in this Commonwealth shall apply to the board for a manufacturer license.

(b) Requirements.–An application for a manufacturer license shall be on the form required by the board, accompanied by the application fee, and shall include all of the following:


* * * (5) The type of slot machines, table game devices or

associated equipment to be manufactured or repaired. (c) Review and approval.–Upon being satisfied that the

requirements of subsection (b) have been met, the board may approve the application and grant the applicant a manufacturer license consistent with all of the following:

(1) [The license shall be for a period of one year. Upon expiration, a license may be renewed in accordance with subsection (d)] The initial license shall be for a period of one year and if renewed under subsection (d), the license shall be for a period of three years. Nothing in this paragraph shall relieve the licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in application materials on file with the board.

(2) The license shall be nontransferable. (3) Any other condition established by the board.

(c.1) Abbreviated process.–In the event an applicant for a manufacturer license to manufacture table game devices or associated equipment used in connection with table games is licensed by the board under this section to manufacture slot machines or associated equipment used in connection with slot machines, the board may determine to use an abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license to manufacture table game devices or associated equipment used in connection with table games, including financial viability of the applicant. Nothing in this section shall be construed to waive any fees associated with obtaining a license through the normal application process. The board may only use the abbreviated process if all of the following apply:

(1) The manufacturer license was issued by the board within a 36-month period immediately preceding the date the manufacturer licensee files an application to manufacture table game devices or associated equipment.

(2) The person to whom the manufacturer license was issued affirms there has been no material change in circumstances relating to the license.

(3) The board determines, in its sole discretion, that there has been no material change in circumstances relating to the licensee that necessitates that the abbreviated process not be used. (d) Renewal.–

(1) [Six] Two months prior to expiration of a manufacturer license, the manufacturer licensee seeking renewal of its license shall submit a renewal application accompanied by the renewal fee to the board.

(2) If the renewal application satisfies the requirements of subsection (b), the board may renew the licensee's manufacturer license.

(3) If the board receives a complete renewal application but fails to act upon the renewal application prior to the expiration of the manufacturer license, the manufacturer license shall continue in effect for an additional six-month period or until acted upon by the board, whichever occurs first. (d.1) Authority.–The following shall apply to a licensed

manufacturer: (1) A [licensed] manufacturer or its designee, as licensed

by the board, may supply or repair any slot machine, table game device or associated equipment manufactured by the [licensed] manufacturer, provided the manufacturer holds the appropriate manufacturer license.

(2) A manufacturer of slot machines may contract with a supplier under section 1317 (relating to supplier licenses) to provide slot machines or associated equipment to a slot machine licensee within this Commonwealth, provided the supplier is licensed to supply slot machines or associated equipment used in connection with slot machines.

(3) A manufacturer may contract with a supplier under section 1317 to provide table game devices or associated equipment to a certificate holder, provided the supplier is licensed to supply table game devices or associated equipment used in connection with table games. (e) Prohibitions.–

(1) No person may manufacture slot machines, table game devices or associated equipment for use within this Commonwealth by a slot machine licensee unless the person has been issued [a] the appropriate manufacturer license under this section.

(2) [No] Except as permitted in section 1323.1A (relating to training equipment), no slot machine licensee may use slot machines, table game devices or associated equipment unless the slot machines, table game devices or associated equipment were manufactured by a person that has been issued [a] the appropriate manufacturer license under this section.

(3) No person issued a license under this section shall apply for or be issued a license under section 1317.

(4) No limitation shall be placed on the number of manufacturer licenses issued or the time period to submit applications for licensure, except as required to comply with section 1306 (relating to order of initial license issuance). Section 10.6. Title 4 is amended by adding a section to read:

§ 1317.2. Gaming service provider. (a) Development of classification system.–The board shall

develop a classification system governing the certification, registration and regulation of gaming service providers and individuals and entities associated with them. The classification system shall be based upon the following:

(1) The monetary value or amount of business conducted or expected to be conducted by the gaming service provider with an applicant for a slot machine licensee or a slot machine licensee in any consecutive 12-month period.

(2) Whether the employees of the gaming service provider will have access to the gaming floor or any gaming-related restricted area of a licensed facility.

(3) The board's analysis of the goods or services provided or to be provided by the gaming service provider. (b) Authority to exempt.–The board may exempt any person or

type of business from the requirements of this section if the board determines:

(1) the person or type of business is regulated by an agency of the Federal Government, an agency of the Commonwealth or the Pennsylvania Supreme Court; or

(2) the regulation of the person or type of business is determined not to be necessary in order to protect the public interest or the integrity of gaming.

(c) Duties of gaming service providers.–Each gaming service provider shall have a continuing duty to:

(1) Provide all information, documentation and assurances as the board may require.

(2) Cooperate with the board in investigations, hearings and enforcement and disciplinary actions.

(3) Comply with all conditions, restrictions, requirements, orders and rulings of the board in accordance with this part.

(4) Report any change in circumstances that may render the gaming service provider ineligible, unqualified or unsuitable for continued registration or certification. (d) Requirement for permit.–The board may require employees

of a gaming service provider to obtain a permit or other authorization if, after an analysis of duties, responsibilities and functions, the board determines that a permit or other authorization is necessary to protect the integrity of gaming.

(e) Interim authorization.–The board or a designated employee of the board may permit a gaming service provider applicant to engage in business with an applicant for a slot machine license or a slot


machine licensee prior to approval of the gaming service provider application if the following criteria have been satisfied:

(1) A completed application has been filed with the board by the gaming service provider.

(2) The slot machine applicant or slot machine licensee contracting or doing business with the gaming service provider certifies that it has performed due diligence on the gaming service provider and believes that the applicant meets the qualification to be a gaming service provider pursuant to this section.

(3) The gaming service provider applicant agrees in writing that the grant of interim authorization to conduct business prior to board approval of its application does not create a right to continue to engage in business if the board determines that the applicant is not suitable or continued authorization is not in the public interest. (f) Construction.–Nothing in this section shall be construed to

prohibit the board from rescinding a grant of interim authorization if, at any time, the suitability of the person subject to interim authorization is at issue or if the person fails to cooperate with the board, the bureau or an agent of the board or bureau.

(g) Gaming service provider lists.–The board shall: (1) Develop and maintain a list of approved gaming

service providers who are authorized to provide goods or services whether under a grant of interim or continued authorization.

(2) Develop and maintain a list of prohibited gaming service providers. An applicant for a slot machine license or a slot machine licensee may not enter into an agreement or engage in business with a gaming service provider listed on the prohibited gaming service provider list. (h) Emergency authorization.–A slot machine licensee may

utilize a gaming service provider that has not been approved by the board when a threat to public health, welfare or safety exists or circumstances outside the control of the slot machine licensee require immediate action to mitigate damage or loss to the licensee's licensed facility or to the Commonwealth. The board shall promulgate regulations to govern the use of gaming service providers under emergency circumstances. The regulations shall include a requirement that the slot machine licensee contact the board immediately upon utilizing a gaming service provider that has not been approved by the board.

(i) Criminal history record information.–If the classification system developed by the board in accordance with subsection (a) requires a gaming service provider or an individual or entity associated with the gaming service provider to submit to or provide the bureau with criminal history record information under 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the bureau shall notify a slot machine licensee that submitted a certification under subsection (e)(2) whether the applicant has been convicted of a felony or misdemeanor gambling offense.

Section 10.7. Sections 1318(c) and 1319 of Title 4 are amended to read: § 1318. Occupation permit application.

* * * (c) Prohibition.–No slot machine licensee may employ or permit

any person under 18 years of age to render any service whatsoever in any area of its licensed facility [at which] where slot machines or table games are physically located. § 1319. Alternative manufacturer licensing standards.

(a) General rule.–The board may determine whether the licensing standards of another jurisdiction within the United States in which an applicant for a manufacturer license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this part. If the board makes that determination, it may issue a manufacturer license to an applicant who holds a similar manufacturer license in such other jurisdiction after conducting an evaluation of the information relating to the applicant from such other

jurisdictions, as updated by the board, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed, the board may incorporate such information in whole or in part into its evaluation of the applicant.

(b) Abbreviated process.–In the event an applicant for a [slot machine] manufacturer license is licensed in another jurisdiction, the board may determine to use an [alternate] abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license, including financial viability of the [licensee, to such an] applicant. Nothing in this section shall be construed to waive any fees associated with obtaining a license through the normal application process.

Section 10.8. Title 4 is amended by adding a section to read: § 1319.1. Alternative supplier licensing standards.

(a) General rule.–The board may determine whether the licensing standards of another jurisdiction within the United States in which an applicant for a supplier's license is similarly licensed are comprehensive and thorough and provide similar adequate safeguards as required by this part. If the board makes that determination, it may issue a supplier license to an applicant who holds a similar supplier license in another jurisdiction after conducting an evaluation of the information relating to the applicant from the other jurisdictions, as updated by the board, and evaluating other information related to the applicant received from that jurisdiction and other jurisdictions where the applicant may be licensed, the board may incorporate the information in whole or in part into its evaluation of the applicant.

(b) Abbreviated process.–In the event an applicant for a supplier license is licensed in another jurisdiction, the board may determine to use an abbreviated process requiring only that information determined by the board to be necessary to consider the issuance of a license, including financial viability of the applicant. Nothing in this section shall be construed to waive any fees associated with obtaining a license through the normal application process.

Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (b) and 1329 of Title 4 are amended to read: § 1321. Additional licenses and permits and approval of agreements.

(a) Requirements.–In addition to the requirements for a license or permit specifically set forth in this part, the board may require a license [or], permit or other authorization, and set a fee for the same, for any key employee or gaming employee or any person who satisfies any of the following criteria:

(1) The person transacts business within this Commonwealth with a slot machine licensee as a ticket purveyor, tour operator, operator of a bus trip program or operator of any other type of travel program or promotional business related to slot machines or table games. The board may also review, deny, order modification or approve, at its discretion, proposed tours, bus routes and travel programs.

(2) The person is presently not [otherwise] required to be licensed or permitted under this part and provides any goods, property or services, including, but not limited to, management [contracts] services for compensation to a slot machine licensee at the licensed facility. (b) Agreement.–Any agreement to conduct business within this

Commonwealth between a person and a slot machine licensee relating to slot machines, table games, table game devices or associated equipment is subject to the approval of the board in accordance with rules and regulations promulgated by the board. Every agreement shall be in writing and shall include a provision for its termination without liability on the part of the slot machine licensee upon a finding by the board that the agreement is not approved or that it is terminated. Failure to expressly include this condition in the agreement is not a defense in any action brought under this section relating to the termination of the agreement. § 1326. License renewals.

(a) Renewal.–All permits and licenses issued under this part unless otherwise provided shall be subject to renewal [on an annual


basis upon the application of the holder of the permit or license submitted to the board at least 60 days prior to the expiration of the permit or license] every three years. Nothing in this subsection shall relieve a licensee of the affirmative duty to notify the board of any changes relating to the status of its license or to any other information contained in the application materials on file with the board. The application for renewal shall be submitted at least 60 days prior to the expiration of the permit or license and shall include an update of the information contained in the initial and any prior renewal applications and the payment of any renewal fee required by this part. Unless otherwise specifically provided in this part, the amount of any renewal fee shall be calculated by the board to reflect the longer renewal period. A permit or license for which a completed renewal application and fee, if required, has been received by the board will continue in effect unless and until the board sends written notification to the holder of the permit or license that the board has denied the renewal of such permit or license.

* * * § 1328. Change in ownership or control of slot machine licensee.

(a) Notification and approval.– (1) A slot machine licensee shall notify the board [prior

to or] immediately upon becoming aware of any proposed or contemplated change of ownership of the slot machine licensee by a person or group of persons acting in concert which involves any of the following:

(i) More than 5% of a slot machine licensee's securities or other ownership interests.

(ii) More than 5% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the licensee.

(iii) The sale other than in the ordinary course of business of a licensee's assets.

(iv) Any other transaction or occurrence deemed by the board to be relevant to license qualifications.

(b) Qualification of purchaser of slot machine licensee; change of control.–The purchaser of the assets, other than in the ordinary course of business, of any slot machine licensee shall independently qualify for a license in accordance with this part and shall pay the license fee as required by section 1209 (relating to slot machine license fee). A change in control of any slot machine licensee shall require that the slot machine licensee independently qualify for a license in accordance with this part, and the slot machine licensee shall pay a new license fee as required by section 1209, except as otherwise required by the board pursuant to this section. The new license fee shall be paid upon the assignment and actual change of control or ownership of the slot machine license.

* * * § 1329. [Nonportability] Portability and relocation of slot machine

license. (a) General rule.–[Each] Except as otherwise provided in this

section, each slot machine license shall only be valid for the specific physical location within the municipality and county for which it was originally granted. [No]

(b) Petition.–An applicant for a slot machine license or a slot machine licensee may petition the board to relocate its facility. In determining whether to grant a petition to relocate, the board shall:

(1) Evaluate the proposed new location and the reason for the relocation.

(2) Conduct an analysis comparing estimated gross terminal revenues and estimated gross table game revenues at the proposed new location with estimated or actual gross terminal revenues and estimated or actual gross table game revenues at the approved current location.

(3) Conduct an analysis comparing the economic impact of the licensed facility at the proposed new location with the estimated or actual economic impact at the approved current

location. The comparative analysis shall include the total cost of the project and projected direct and indirect employment figures.

(4) Commission a comprehensive traffic study for the proposed new location.

(5) Evaluate community support or opposition. (6) Consider any other information submitted by the

petitioner or requested by the board. (c) Relocation.–A slot machine licensee [shall be permitted to]

may move or relocate [the physical location of] the licensed facility [without] with board approval [for] upon good cause shown if the relocation of the licensed facility:

(1) remains within the same county as when it was originally licensed;

(2) will facilitate the timely commencement or the continued conduct of gaming operations;

(3) complies with all other provisions of this part related to the siting and location of a licensed facility; and

(4) is in the best interests of the Commonwealth. (d) Public input hearing.–The board shall hold at least one public

input hearing in the municipality where the licensed facility will be located prior to ruling on the petition.

(e) Restriction.–No grant or loan from the Commonwealth may be awarded for the purpose of relocating or developing the relocated licensed facility to comply with any conditions of approval of the relocation.

Section 11. Title 4 is amended by adding a section to read: § 1332. Appointment of trustee.

(a) Appointment.–Upon petition of the Office of Enforcement Counsel, the board may appoint a trustee from the list required under subsection (j) to act on behalf of the interests of the Commonwealth and the board to ensure compliance with this part and any conditions imposed upon the slot machine license. A trustee may be appointed only in the following circumstances:

(1) Upon the revocation, suspension or nonrenewal of a slot machine license or a principal license if the principal licensee is the only principal who exercises operational control of the licensed facility.

(2) Upon the failure to renew a slot machine license or a principal license if the principal licensee is the only principal who exercises operational control of the licensed facility.

(3) If necessary to protect the best interests of the Commonwealth. (b) Qualifications.–The following shall apply:

(1) A trustee shall be required to qualify as a principal and obtain a principal license. The board may appoint a trustee and award the trustee a temporary principal license as prescribed in board regulations.

(2) Before assuming duties, a trustee shall execute and file a bond for the faithful performance of the trustee's duties. The bond shall be payable to the board with sureties and in the amount and form as required by board order. The cost of the bond shall be paid by the former or suspended licensee.

(3) A trustee shall be a resident of this Commonwealth. (c) Powers.–A trustee appointed under this section shall exercise

only those powers, duties and responsibilities expressly conferred upon the trustee by the board. The board's order appointing the trustee shall set forth the powers, duties and responsibilities of the trustee which may include:

(1) Maintaining and operating the licensed facility in a manner that complies with this part and any conditions imposed by the board.

(2) Maintaining and operating the licensed facility consistent with the measures generally taken in the ordinary course of business including:

(i) Entering into contracts. (ii) Borrowing money. (iii) Pledging, mortgaging or otherwise

encumbering the licensed facility or property thereof as


security for the repayment of loans subject to any provisions and restrictions in any existing credit documents.

(iv) Hiring, firing and disciplining employees. (3) Exercising the rights and obligations of the former or

suspended licensee. (4) Taking possession of all of the assets of the slot

machine licensee, including its books, records and papers. (5) Establishing accounts with financial institutions. An

account may not be established with a financial institution in which the licensee, an affiliate of the former or suspended licensee, the trustee, or an immediate family member of the trustee, has a controlling interest.

(6) Meeting with the former or suspended licensee. (7) Meeting with principals and key employees at the

licensed facility. (8) Meeting with the independent audit committee. (9) Meeting with the board's executive director and

keeping the board's executive director apprised of actions taken and the trustee's plans and goals for the future.

(10) Hiring legal counsel, accountants or other consultants or assistants, with prior approval of the board, as necessary to carry out the trustee's duties and responsibilities.

(11) Settling or compromising with any debtor or creditor of the former or suspended licensee, including any taxing authority.

(12) Reviewing outstanding agreements to which the former or suspended licensee is a party and advising the board as to which, if any, of the agreements should be the subject of scrutiny, examination or investigation by the board.

(13) Obtaining board approval prior to any sale, change of ownership, change of control, change of financial status, restructuring, transfer of assets or execution of a contract or any other action taken outside of the ordinary course of business.

(14) Obtaining board approval for any payments outside of those made in the ordinary course of business.

Notwithstanding any provision contained in this subsection to the contrary, the trustee shall have the duty to conserve and preserve the assets of the licensed gaming entity.

(d) Compensation.–The board shall establish the compensation of a trustee and shall review and approve actual and reasonable costs and expenses of the trustee, legal counsel, accountants or other consultants or assistants hired by the trustee. The compensation, costs and expenses shall be paid by the former or suspended licensee. Total compensation for the trustee and all persons hired or retained by the trustee under subsection (c)(10) shall not exceed $600 per hour in the aggregate unless otherwise increased by the board pursuant to subsection (d.2).

(d.1) Calculation of compensation.–In determining the aggregate hourly rate of compensation to be paid to the trustee and all other persons hired or retained by the trustee, the board shall consider:

(1)The time and labor required, the difficulty of the questions involved and the skill required to properly perform the required services.

(2) Whether the acceptance of the position by the trustee or other person will preclude the trustee or other person from other employment.

(3) The fee customarily charged for similar services. (4) The nature and potential length of the duties. (5) The experience, reputation and ability of the trustee

or other person selected to perform the services. (d.2) Compensation exceptions.–

(1) On January 1 of each year, the board may adjust the aggregate hourly rate of compensation authorized under subsection (d) for inflation. The adjustment shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which

figures have been officially reported by the United States Department of Labor, Bureau of Labor Statistics. When adjusted, the board shall publish the adjusted aggregate hourly rate of compensation in the Pennsylvania Bulletin.

(2) Upon petition by the Director of the Office of Enforcement Counsel, the board may increase the total hourly rate of compensation above the limitation contained in subsection (d) for good cause shown. The board shall consider the factors under subsection (d.1) when calculating any increase requested by the office. (e) Reports.–A trustee shall file reports relating to the

administration of the trusteeship with the board in the form and at intervals as the board orders. The board may direct that copies or portions of the trustee's reports be mailed to creditors or other parties in interest and make summaries of the reports available to the public and shall post them on the board's Internet website.

(f) Review of actions.–A creditor or other party in interest aggrieved by any alleged breach of a delegated power or duty or responsibility of a trustee in the discharge of the trustee's duties may request a review of the trustee's action or inaction by filing a petition in accordance with board regulations. The petition must set forth in detail the pertinent facts and the reasons why the facts constitute the alleged breach. The board shall review any petition filed under this section and take whatever action, if any, it deems appropriate.

(g) Effect of the trusteeship.–After issuance of an order to appoint a trustee, the former or suspended principal or slot machine licensee may not exercise any of its privileges, collect or receive any debts or pay out, sell, assign or transfer any of its assets to anyone without prior approval of the appointed trustee and the board.

(h) Disposition of net income.–During the period of trusteeship, net income from the licensed facility shall be deposited in an escrow account maintained for that purpose. Payments from the escrow account during the period of trusteeship may not be made without the prior approval of the board. A suspended or former principal or slot machine licensee may request distribution of all or a portion of the funds in the escrow account during the period of trusteeship by filing a petition in accordance with board regulation. The suspended or former principal or slot machine licensee shall have the burden of demonstrating good cause for the distribution of the funds requested.

(i) Discontinuation.–The board may issue an order to discontinue a trusteeship when:

(1) the board determines that circumstances requiring the appointment of the trustee no longer exist; or

(2) the trustee has, with the prior approval of the board, consummated the sale, assignment, conveyance or other disposition of all the assets or interest of the former principal or slot machine licensee relating to the slot machine license. (j) List of approved trustees.–The board shall promulgate

regulations governing establishment of a list of persons approved by the board and qualified to serve as a trustee. At a minimum, the regulations shall provide for the following:

(1) The minimum qualifications a person must possess to be approved as a trustee, which shall include the qualifications set forth in subsection (b).

(2) The procedure for placement on or removal from the approved trustee list.

(3) Any other information the board deems necessary to carry out the intent of this section. Section 11.1. Title 4 is amended by adding a chapter to read:

CHAPTER 13A TABLE GAMES

Subchapter A. General Provisions B. Table Games Authorized C. Conduct of Table Games D. (Reserved) E. Table Game Testing and Certification F. (Reserved)


G. Table Game Taxes and Fees SUBCHAPTER A

GENERAL PROVISIONS Sec. 1301A. (Reserved). 1302A. Regulatory authority. 1303A. Temporary table game regulations. 1304A. Commonwealth resident employment goals. § 1301A. (Reserved). § 1302A. Regulatory authority.

The board shall promulgate regulations: (1) Establishing standards and procedures for table

games and table game devices or associated equipment, including standards distinguishing electronic gaming tables, fully automated electronic gaming tables and traditional gaming tables. The standards and procedures shall provide for any new table games or gaming tables and variations or composites of approved table games or gaming tables, provided the board determines that the new table game, gaming table or any variations or composites or other approved table games or gaming tables are suitable for use after a test or experimental period under the terms and conditions as the board may deem appropriate.

(2) Establishing standards and rules to govern the conduct of table games and the system of wagering associated with table games, including the conduct of table games and the system of wagering on electronic gaming tables and fully automated electronic gaming tables.

(2.1) Establishing the method for calculating gross table game revenue and standards for the daily counting and recording of cash and cash equivalents received in the conduct of table games, including the conduct of table games on electronic gaming tables and fully automated electronic gaming tables, and ensuring that internal controls are followed, including observation by employees of the board of that process, the maintenance of financial books and records and the conduct of audits.

(3) Establishing notice requirements pertaining to minimum and maximum wagers on table games. Minimum and maximum wagers may be adjusted by the certificate holder in the normal course of conducting table games, except that changes in minimum wagers at any given gaming table shall not apply to players already engaged in wagering at that gaming table when the minimum wager is changed, unless 30 minutes notice is provided at that gaming table.

(4) Requiring each certificate holder to: (i) Provide written information at each

operational gaming table about table game rules, payoffs or winning wagers and other information as the board may require.

(ii) Provide specifications approved by the board under section 1207(11) (relating to regulatory authority of board) to integrate and update the licensed facility's surveillance system to cover all areas where table games are conducted. The specifications shall include provisions providing the board and other persons authorized by the board with onsite access to the system or its signal.

(iii) Designate one or more locations within the licensed facility to conduct table games.

(iv) Ensure that visibility in a licensed facility is not obstructed in any way that could interfere with the ability of the certificate holder, the board and other persons authorized under this part or by the board to oversee the surveillance of the conduct of table games.

(v) Integrate the licensed facility's count room for slot machine and table game operations to ensure maximum security of the counting and storage of cash

and cash equivalents. (vi) Equip each operational gaming table with a

sign indicating the permissible minimum and maximum wagers at the gaming table.

(vii) Adopt policies or procedures to prohibit any table game device or associated equipment from being possessed, maintained or exhibited by any person on the premises of a licensed facility except in the areas of a licensed facility where the conduct of table games is authorized or in a restricted area designated to be used for the inspection, service, repair or storage of table game devices or associated equipment by the certificate holder or in an area used for employee training and instruction by the certificate holder.

(viii) Equip all drop boxes in which cash, cash equivalents, fill slips, credit slips or inventory slips are deposited at the gaming tables, and all areas where drop boxes are kept while in use, with two locking devices or keys, of which one locking device or key shall be under the exclusive control of the board, and the second locking device or key shall be under the exclusive control of the certificate holder's designated employees. The drop boxes shall be brought into or removed from an area where table games are conducted or locked or unlocked in accordance with procedures established by the board.

(ix) Designate secure locations for the inspection and storage of table game devices and associated equipment as may be approved by the board. (5) Establishing the size and uniform color by

denomination of all chips used in the conduct of table games, including contests and tournaments, and a policy for the use of promotional or commemorative chips used in the conduct of table games. All types of chips shall be approved by the board prior to being used for play at a table game at a licensed facility.

(5.1) Establishing the procedure to be used by a certificate holder to determine and extract a rake for the purposes of generating gross table game revenue from nonbanking games. The rake may be calculated as a percentage or a flat fee.

(6) Establishing minimum standards relating to the acceptance of tips or gratuities by dealers and croupiers at a table game, which shall include:

(i) The requirement that tips or gratuities accepted by dealers and croupiers at banking games be placed in a common pool for complete distribution pro rata among all dealers and croupiers.

(ii) The right of the certificate holder to establish policies under which tips or gratuities accepted by dealers and croupiers at nonbanking games are not required to be pooled and may be retained by the dealers and croupiers.

Nothing in this paragraph shall prohibit a certificate holder from adopting a formal policy relating to acceptance of tips and gratuities, provided that the policy meets the minimum standards established by the board under this paragraph.

(7) Establishing the minimal proficiency requirements for individuals to successfully complete a course of training at a gaming school. The regulations shall not prohibit a slot machine licensee from establishing a course of training for its employees or potential employees or prohibit a certificate holder from offering employment to an individual who has not attended or completed a course of instruction at a gaming school and shall require a slot machine licensee that elects to train its gaming employees or potential table game employees to submit a detailed summary of the training program to the board and to demonstrate the adequacy of the training. The regulations shall prohibit a slot machine licensee from charging its employees or potential employees a fee to complete a course of training.

(8) Permitting certificate holders to request authorization


to conduct, and to conduct, tournaments and establishing the practices and procedures governing the conduct of the tournaments. The number of gaming tables used during a contest or tournament shall not be counted toward the maximum number of gaming tables authorized by the certificate holder's table game operation certificate.

§ 1303A. Temporary table game regulations. (a) Promulgation.–In order to facilitate the prompt

implementation of this chapter, regulations promulgated by the board shall be deemed temporary regulations which shall expire not later than two years following the publication of the temporary regulation. The board may promulgate temporary regulations not subject to:

(1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(2) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(3) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. (b) Expiration.–Except for temporary regulations governing the

rules of new table games approved by the board, the board's authority to adopt temporary regulations under subsection (a) shall expire two years after the effective date of this section. Regulations adopted after this period shall be promulgated as provided by law.

(c) Temporary regulations.–The board shall begin publishing temporary regulations governing table game rules, licensing of manufacturers and suppliers and surveillance standards in the Pennsylvania Bulletin no later than February 1, 2010. § 1304A. Commonwealth resident employment goals.

(a) Employment opportunities.–It is the goal of the General Assembly that the board promote and ensure the availability of employment opportunities for Commonwealth residents in table games and table game-related operations as authorized in this chapter. The board shall work with each certificate holder to ensure that a significant number of Commonwealth residents are employed by a certificate holder relating to table games. It is also the goal of the General Assembly that Commonwealth residents comprise at least 85% of each certificate holder's table game-related employees by the end of the third year following commencement of the conduct of table games at each certificate holder's licensed facility.

(b) Review.–The board shall conduct an annual review to ascertain each certificate holder's progress in achieving the goals of this section and whether each certificate holder has taken effective and meaningful action to employ Commonwealth residents in table game-related positions at licensed facilities. The first review shall be completed one year following the award of the first table game operation certificate. Each annual review shall contain recommendations which the board determines appropriate and may be combined with any other review or study required by the board under this part. The review shall be submitted to the chairman and minority chairman of the standing committees of the Senate and of the House of Representatives with jurisdiction over this part.

SUBCHAPTER B TABLE GAMES AUTHORIZED

Sec. 1311A. Authorization to conduct table games. 1312A. Petition requirements. 1313A. Prohibitions. 1314A. Table game authorization hearing process; public input

hearings. 1315A. Standard for review of petitions. 1316A. Award of certificate. 1316.1A. Amendment of statement of conditions. 1317A. Table game operation certificate. 1318A. Timing of initial table game authorizations. § 1311A. Authorization to conduct table games.

(a) Authorization.–The board may authorize a slot machine

licensee to conduct table games, including table game contests and tournaments, and to operate a system of wagering associated with the conduct of table games at the slot machine licensee's licensed facility. Authorization shall be contingent upon the slot machine licensee's agreement to ensure that slot machine and table game operations will be conducted in accordance with this part and any other conditions established by the board. Nothing in this part shall be construed to create a separate license governing the conduct of table games by licensed entities within this Commonwealth.

(b) Number of authorized gaming tables.– (1) A Category 1 and Category 2 slot machine licensee

awarded a table game operation certificate may operate up to 250 gaming tables at any one time at its licensed facility. No more than 75 of these gaming tables may be used to play nonbanking games at any one time.

(2) A Category 3 slot machine licensee awarded a table game operation certificate may operate up to 50 gaming tables at any one time at its licensed facility. No more than 15 of these gaming tables may be used to play nonbanking games at any one time. (c) Additional authorization.–Notwithstanding subsection (b),

the board and, if authorized by the board under section 1321A (relating to authorized locations for operation), the executive director may authorize the certificate holder to exceed the total number of gaming tables authorized in subsection (b) and its table game operation certificate for the purpose of conducting contests or tournaments in accordance with section 1321A. § 1312A. Petition requirements.

(a) General rule.–Unless otherwise prohibited under section 1313A (relating to prohibitions), a slot machine licensee may seek approval to conduct table games by filing a petition with the board.

(b) Petition contents.–A petition seeking authorization to conduct table games shall include the following:

(1) The name, business address and contact information of the petitioner.

(2) The name and business address, job title and a photograph of each principal and key employee of the petitioner who will be involved in the conduct of table games and who is not currently licensed by the board, if known.

(3) An itemized list of the number of gaming tables and types of table games for which authorization is being sought.

(4) The estimated number of full-time and part-time employment positions that will be created at the licensed facility if table games are authorized and an updated hiring plan pursuant to section 1510(a) (relating to labor hiring preferences) which outlines the petitioner's plan to promote the representation of diverse groups and Commonwealth residents in the employment positions.

(5) A brief description of the economic benefits expected to be realized by the Commonwealth, its municipalities and its residents if table games are authorized at the petitioner's licensed facility.

(6) The details of any financing obtained or that will be obtained to fund an expansion or modification of the licensed facility to accommodate table games and to otherwise fund the cost of commencing table game operations.

(7) Information and documentation concerning financial background and resources, as the board may require, to establish by clear and convincing evidence the financial stability, integrity and responsibility of the petitioner.

(8) Information and documentation, as the board may require, to establish by clear and convincing evidence that the petitioner has sufficient business ability and experience to create and maintain a successful table game operation. In making this determination, the board may consider the results of the petitioner's slot machine operation, including financial information, employment data and capital investment.

(9) Information and documentation, as the board may


require, to establish by clear and convincing evidence that the petitioner has or will have the financial ability to pay the authorization fee under section 1361A (relating to table game authorization fee).

(10) Detailed site plans identifying the petitioner's proposed table game area within the licensed facility.

(11) If the petitioner is a Category 1 or Category 2 slot machine licensee, a waiver, on a form prescribed by the board which is signed by the petitioner and acknowledged by each of the petitioner's principals, of the following rights arising as a result of an amendment or addition to this part that took effect at the same time as the effective date of this section:

(i) the petitioner's right under section 1209(f) (relating to slot machine license fee) or under any contract executed by the applicant and the department under section 1209(c) to receive the return of any portion of the slot machine license fee paid by the petitioner for its slot machine license; and

(ii) the petitioner's right, if any, to sue for the return of any portion of the slot machine license fee paid by the petitioner for its slot machine license. (12) Other information as the board may require.

(c) Confidentiality.–Information submitted to the board under subsection (b)(6), (7), (9), (10) and (12) may be considered confidential by the board if the information would be confidential under section 1206(f) (relating to board minutes and records). § 1313A. Prohibitions.

(a) Slot machine licensee.–No slot machine licensee that is required as a condition of slot machine licensure to make payments to a municipality, municipal authority or other entity for an economic development project, including any project enumerated in the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, may submit a petition under section 1312A (relating to petition requirements) until the requirements of section 1214(a) (relating to specific authority to suspend slot machine license) are met.

(b) Duties of board.–The board shall not accept or approve a petition submitted by any slot machine licensee subject to subsection (a) until the written agreement required by section 1214(a) is submitted by the slot machine licensee to the board, which shall ensure the written agreement meets the requirements of section 1214(a) and all conditions relating to the economic development project imposed by the board when awarding the slot machine license to the licensee are satisfied.

(c) Construction.–Nothing in this section shall be construed to relieve a slot machine licensee of its legal obligation to make any required payments referenced under this section if the slot machine licensee elects not to petition the board for authorization to conduct table games. § 1314A. Table game authorization hearing process; public input

hearings. (a) General rule.–The board's consideration and resolution of all

petitions to conduct table games shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure) or with procedures adopted by order of the board. Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating to hearing and record) and 505 (relating to evidence and cross-examination) as they relate to the conduct of oral hearings, the board may adopt procedures to provide parties before it with a documentary hearing, and the board may resolve disputed material facts without conducting an oral hearing where constitutionally permissible.

(b) Public input hearing requirement.– (1) Prior to granting a petition for a slot machine

licensee to conduct table games under this chapter, the board shall hold at least one public input hearing on the matter in the municipality where the petitioner's licensed facility is located.

(2) A list of all witnesses scheduled to testify at a public input hearing shall be posted on the board's Internet website at

least seven days prior to the hearing. The list shall be updated at least three days prior to the hearing. Additional witnesses shall be posted on the board's Internet website as they are added to the list.

§ 1315A. Standard for review of petitions. The board shall approve a petition if the petitioner establishes, by

clear and convincing evidence, all of the following: (1) The petitioner's slot machine license is in good

standing with the board. (2) The conduct of table games at the petitioner's

licensed facility will have a positive economic impact on the Commonwealth, its municipalities and residents through increased revenues and employment opportunities.

(3) The petitioner possesses adequate funds or has secured adequate financing to:

(i) Fund any necessary expansion or modification of the petitioner's licensed facility to accommodate the conduct of table games.

(ii) Pay the authorization fee in accordance with section 1361A (relating to table game authorization fee).

(iii) Commence table game operations at its licensed facility. (4) The petitioner has the financial stability, integrity and

responsibility to conduct table games. (5) The petitioner has sufficient business ability and

experience to create and maintain a successful table game operation.

(6) The petitioner's proposed internal and external security and proposed surveillance measures within the area of the licensed facility where the petitioner seeks to conduct table games are adequate.

(7) The petitioner agrees that the number of slot machines in operation at its licensed facility on October 1, 2009, will not be permanently reduced in order to install gaming tables.

(8) The petitioner has executed the waiver required under section 1312A(b)(11) (relating to petition requirements) and provided any other information required by section 1312A(b).

§ 1316A. Award of certificate. Upon approval of a petition, the board shall award a table games

operation certificate to the petitioner. Awarding of a table game operation certificate prior to the payment in full of the authorization fee required by section 1361A (relating to table game authorization fee) shall not relieve the petitioner from complying with the provisions of section 1361A. § 1316.1A. Amendment of statement of conditions.

(a) Amendment.–Upon awarding a table game operation certificate, the board shall amend the slot machine licensee's statement of conditions governing the slot machine license to include conditions pertaining to the requirements of this part. If the slot machine licensee is a Category 1 or Category 2 slot machine licensee, amendments to the statement of conditions shall include a requirement that the slot machine licensee acknowledge and honor the waiver of rights required to be filed under section 1312A(b)(11) (relating to petition requirements).

(b) Sanctions.–A certificate holder that fails to abide by this part or any condition contained in the licensee's statement of conditions in the conduct of table games shall be subject to board-imposed administrative sanctions or other penalties authorized under this part. § 1317A. Table game operation certificate.

The following shall apply: (1) A table game operation certificate shall be in effect

unless: (i) Suspended or revoked by the board consistent

with the requirements of this part. (ii) The slot machine license held by the

certificate holder is suspended, revoked or not renewed by the board consistent with the requirements of this part.


(iii) The certificate holder relinquishes or does not seek renewal of its slot machine license. (2) The table game operation certificate shall include an

itemized list by type of table game and the number of gaming tables approved by the board and permitted in the certificate holder's licensed facility. The certificate holder may increase or decrease the number of gaming tables permitted at the licensed facility, change the type of table games played at a particular gaming table or change the configuration of gaming tables upon notice to the board and approval by a designated employee of the board. Unless approved by the board, the total number of gaming tables in operation at the licensed facility may not exceed the number authorized in the table games operation certificate.

(3) A certificate holder shall be required to update the information in its initial table games petition at times prescribed by the board.

§ 1318A. Timing of initial table game authorizations. The board shall approve or deny a petition within 60 days

following receipt of the petition. SUBCHAPTER C

CONDUCT OF TABLE GAMES Sec. 1321A. Authorized locations for operation. 1322A. Commencement of table game operations. 1323A. Training of employees and potential employees. 1323.1A. Training equipment. 1324A. Condition of continued operation. 1325A. Table game accounting controls and audit protocols. 1326A. Cash equivalents. 1327A. Other financial transactions. 1328A. Key employees and occupation permits. 1329A. Application of Clean Indoor Air Act. 1329.1A. Application of Liquor Code. § 1321A. Authorized locations for operation.

(a) Restriction.–A certificate holder shall only be permitted to operate table games at the licensed facility, a temporary facility authorized under subsection (a.1) or an area authorized under subsection (b).

(a.1) Temporary facilities.–The board may permit a certificate holder to conduct table games at a temporary facility which is physically connected to, attached to or adjacent to a licensed facility for a period not to exceed 24 months.

(b) Powers and duties of board.–Upon request made by a certificate holder, the board may determine the suitability of a hotel for the conduct of table games. The board may authorize the executive director to designate specific areas of a licensed facility, other than the gaming floor, or specific areas of a hotel, including conference rooms, ballrooms or other rooms, in which the certificate holder may conduct table game contests or tournaments. No certificate holder may be approved to conduct table games in a licensed facility or a hotel unless the areas to be designated are equipped with adequate security and surveillance equipment to ensure the integrity of the conduct of a table game contest or tournament. The certificate holder shall notify the board of the number of gaming tables that the certificate holder intends to operate during a contest or tournament, and the board shall designate an employee of the board to approve or deny the request. An authorization granted under this section may not:

(1) Impose any criteria or requirements regarding the contents or structure of a hotel which are unrelated to the conduct of table games.

(2) Authorize the placement or operation of slot machines in a hotel.

(3) Count the number of gaming tables to be utilized in a contest or tournament toward the number of approved gaming tables in the table game operation certificate.

§ 1322A. Commencement of table game operations. A certificate holder may not operate or offer table games for play

at a licensed facility until the board determines that:

(1) The certificate holder is in compliance with the requirements of this part.

(2) The certificate holder's internal controls and audit protocols are sufficient to meet the requirements of section 1325A (relating to table game accounting controls and audit protocols).

(3) The certificate holder's table game employees, where applicable, are licensed, permitted or otherwise authorized by the board to perform their respective duties.

(4) The certificate holder is prepared in all respects to offer table game play to the public at the licensed facility.

(5) The certificate holder has implemented necessary internal and management controls and security arrangements and surveillance systems for the conduct of table games.

(6) The certificate holder is in compliance with or has complied with section 1361A (relating to table game authorization fee).

§ 1323A. Training of employees and potential employees. (a) Adequacy.–A slot machine licensee that elects to offer table

game training to its employees or potential employees shall submit to the board a detailed summary of the training program demonstrating the adequacy of the training.

(b) Authorization.–Notwithstanding any provision of this part to the contrary, the executive director of the board may authorize a slot machine licensee to conduct table game training and instruction for the slot machine licensee's employees and potential employees.

(c) Effect.–Authorization granted under subsection (b) shall do all of the following:

(1) Permit a slot machine licensee to conduct training at a location within the licensed facility or at another location.

(2) Require any training authorized on the gaming floor to be conducted in a specified area of the gaming floor that is clearly identified as a training area and not accessible to the public

(3) Designate a secure area at the location where the training will take place for the storage of table game devices and associated equipment used for training.

(4) Limit the number of table game devices and associated equipment to that necessary to conduct training.

(5) Prohibit the payment of any cash, cash equivalent or other prize to an individual as a result of play conducted during training or play conducted utilizing table game devices or associated equipment obtained under section 1323.1A (relating to training equipment).

(6) Prohibit a slot machine licensee from charging its employees or potential employees a fee to participate in the training. (c) Rescission or revocation.—-An authorization granted by the

executive director under subsection (b) may be rescinded or revoked by the executive director or the board without cause. The slot machine licensee shall be given notice that the authorization has been rescinded or revoked and afforded a reasonable time to take all necessary actions required by the executive director or the board.

(d) Prohibition.–The board shall be prohibited from charging a fee as a condition of receiving authorization under subsection (b). § 1323.1 A. Training equipment.

(a) Acquisition—-Notwithstanding section 1317 (relating to supplier licenses) or section 1317.1 (relating to manufacturer licenses), for a one-year period following the effective date of this section, a slot machine licensee may purchase, lease or otherwise obtain table game devices or associated equipment that will be used for the sole purpose of conducting table game training authorized under section 1323A (relating to initial training of employees and potential employees) from a manufacturer or supplier, whether or not licensed or otherwise approved by the board under this part, or from an affiliate of the slot machine licensee or a gaming facility in another jurisdiction.

(b) Identification.–Table game devices or associated equipment obtained by a slot machine licensee pursuant to subsection


(a) shall have an identification number which shall be kept on file with the board and the table game devices or associated equipment shall be clearly identified as being used for training purposes only.

(c) Prohibition.—- (1) Table game devices and associated equipment

obtained pursuant to this section shall be prohibited from being used on the gaming floor unless being used for training purposes pursuant to section 1323A(c)(2).

(2) The payment of any cash, cash equivalent or other prize to an individual from the play of a table game on table game devices or associated equipment obtained pursuant to this section is prohibited.

§ 1324A. Condition of continued operation. As a condition of continued operation, a certificate holder shall

agree to maintain all books, records and documents pertaining to table games in a manner and location within this Commonwealth as approved by the board. All books, records and documents related to table games shall:

(1) be segregated by separate accounts within the slot machine licensee's books, records and documents, except for any books, records or documents that are common to both slot machine and table game operations;

(2) be immediately available for inspection upon request of the board, the bureau, the department, the Pennsylvania State Police or the Attorney General, or agents thereof, during all hours of operation of the licensed facility in accordance with regulations promulgated by the board; and

(3) be maintained for a period as the board, by regulation, may require.

§ 1325A. Table game accounting controls and audit protocols. (a) Approval.–Prior to the commencement of table game

operations, a certificate holder shall submit to the board for approval all proposed site plans, internal control systems and audit protocols for the certificate holder's table game operations.

(b) Minimum requirements.–A certificate holder's internal controls and audit protocols shall:

(1) Safeguard its assets and revenues, including the recording of cash, cash equivalents and evidences of indebtedness related to table games.

(2) Provide for reliable records, accounts and reports of any financial event that occurs in the conduct of table games, including reports to the board related to table games.

(3) Provide for accurate and reliable financial records related to table games.

(4) Establish procedures for all the following: (i) The receipt, storage and disbursal of chips,

cash and cash equivalents used in table games. (ii) Conversion of cash equivalents to cash. (iii) The redemption of chips and other

representations of value used in table games and the payment of winnings and prizes.

(iv) The recording of financial transactions pertaining to table games. (5) Establish procedures for the collection and security

of cash and cash equivalents at the gaming tables. (6) Establish procedures for the recording of and transfer

of chips and cash equivalents between the gaming tables and the cashier's cage.

(7) Establish procedures for the transfer of drop boxes from the gaming tables to the count room.

(8) Establish procedures and security for the counting and recording of gross table game revenue.

(9) Establish procedures for the security, storage and recording of cash and cash equivalents utilized in table games.

(10) Establish procedures and security standards for the handling and storage of table game devices and associated equipment used in connection with table games.

(11) Establish procedures and rules governing the

conduct of each table game and the responsibility of employees related to table games.

(12) Establish procedures for the collection and recording of revenue from poker and other table games when played as nonbanking games, including the type of rake utilized and the methodology for calculating the amount of permissible rake.

(13) Ensure that any wagering permitted in the play of a table game is implemented only in accordance with the certificate holder's general or specific authorization, as approved by the board.

(14) Ensure the proper and timely accounting of gross table game revenue and the calculation of gross table game revenue, fees, taxes and assessments based on the gross table game revenue.

(15) Maintain accountability for assets, ensure that recorded accountability for assets is compared with actual assets at reasonable intervals and ensure that appropriate action is taken with respect to any discrepancies.

(16) Ensure that all functions, duties and responsibilities related to table game operations are appropriately segregated and performed in accordance with sound financial practices by qualified employees.

(17) Permit use of its licensed facility by the board, the bureau and other persons authorized under this part or by the board to facilitate their ability to perform regulatory and oversight functions under this chapter. (c) Submission to board.–The submission required under

subsection (a) shall include a detailed description of the certificate holder's administrative and accounting procedures related to table games, including its written system of internal controls. Each written system of internal controls shall include:

(1) An organizational chart depicting appropriate functions and responsibilities of employees involved in both slot machine operations and table game operations.

(2) A description of the duties and responsibilities of each position shown on the organizational chart.

(3) The record retention policy of the certificate holder. (4) The procedure to be utilized to ensure that assets are

safeguarded, including mandatory count procedures. (5) A detailed narrative description of the administrative

and accounting procedures in place to ensure compliance with the requirements of section 1326A (relating to cash equivalents).

(6) A statement signed by the certificate holder's chief financial officer or other competent person attesting that the signatory believes, in good faith, that the system satisfies the requirements of this section. (d) Review.–Prior to authorizing a certificate holder to conduct

table games, the board shall review the system of internal controls submitted under subsection (c) to determine whether it conforms to the requirements of this part and whether it provides adequate and effective controls for the conduct of table games. § 1326A. Cash equivalents.

(a) Checks.– (1) A certificate holder may accept a check from a patron

in exchange for cash or chips. The certificate holder shall present each check for payment to the financial institution upon which the check is drawn within ten days of receipt by the certificate holder. No third party checks shall be permitted.

(2) Notwithstanding any law to the contrary, checks cashed in conformity with the requirements of this section or 13 Pa.C.S. Div. 3 (relating to negotiable instruments) shall be valid instruments, enforceable at law in the courts of this Commonwealth. Any check cashed, transferred, conveyed, given or accepted in violation of this section shall be invalid and unenforceable for the purposes of collection by a certificate holder but shall be included in the calculation of gross table game revenue.


(b) Notice of fees.–All fees charged for the conversion of cash equivalents shall be disclosed.

(c) Payment of cash equivalents.–Other than credit extended by a certificate holder, an instrument that constitutes a cash equivalent shall be made payable to the slot machine licensee, to the bearer or to cash. An instrument made payable to a third party shall not be considered a cash equivalent and shall be prohibited. § 1327A. Other financial transactions.

(a) Credit.–Notwithstanding section 1504 (relating to wagering on credit), a certificate holder may extend credit to patrons for the purpose of playing slot machines or table games in accordance with this section; however, a certificate holder shall not accept credit cards, charge cards or debit cards from a patron or player for the exchange or purchase or chips, slot machine or table game credits or for an advance of coins or currency to be utilized by a player to play slot machine or table games.

(b) Credit applications.-–Each application for credit submitted by a patron to a certificate holder shall be maintained in a confidential credit file. The application shall include the patron's name, address, telephone number and comprehensive bank account information; the requested credit limit; the patron's approximate amount of current indebtedness; the amount and source of income in support of the application; the patron's signature on the application; a certification of truthfulness; and any other information deemed relevant by the certificate holder. The certificate holder shall notify each applicant that, as a condition of receiving credit, the certificate holder will verify identity and indebtedness information through a credit bureau or casino credit bureau and, if appropriate, through direct contact with other slot machine licensees.

(c) Credit application verification.-–Prior to approving an application for credit, a certificate holder shall verify:

(1) The identity, creditworthiness and indebtedness information of the applicant by conducting a comprehensive review of the information submitted with the application and any information regarding the applicant's credit activity at other licensed facilities which the certificate holder may obtain through a casino credit bureau and, if appropriate, through direct contact with other slot machine licensees.

(2) That the applicant's name is not included on an exclusion list under section 1514 (relating to regulation requiring exclusion of certain persons) or 1516 (relating to list of persons self excluded from gaming activities) or the voluntary credit suspension list under subsection (h). (d) Establishment of credit.-–Upon completion of the

verification required under subsection (c), a certificate holder may grant a patron credit. The certificate holder shall establish a credit limit for each patron to whom the certificate holder grants credit. Each applicant's credit limit shall be approved by two or more employees of the certificate holder holding the job positions of credit manager, assistant credit manager, credit shift manager, credit executive or a key employee in a direct reporting line above the manager or credit manager. The approval shall be recorded in the applicant's credit file and shall include the reasons and information relied on for the approval of credit and verification by the employees approving the applicant's credit limit. Increases to an individual's credit limit may be approved following a written request from the individual and reverification of an individual's credit information.

(e) Recordkeeping.-–Detailed information pertaining to all transactions affecting an individual's outstanding indebtedness to a certificate holder shall be recorded in chronological order in the individual's credit file.

(f) Reduction or suspension of credit.-–A certificate holder may reduce an individual's credit limit or suspend credit to an individual for any reason.

(g) Voluntary credit suspension.–An individual may request a certificate holder to suspend the individual's credit. Each certificate holder shall inform the board when an individual requests a suspension of credit and shall provide the board with all information necessary to

maintain the voluntary credit suspension list under subsection (h). (h) Voluntary credit suspension list.–The board shall maintain a

voluntary credit suspension list of all individuals who have requested suspension of credit privileges and shall provide the list on a continuous basis to the credit department of each certificate holder. An individual may request placement on the voluntary credit suspension list by submitting to the board the individual's name, address and date of birth. The individual does not need to provide a reason for the request. Notwithstanding any other provision of law to the contrary, the board's list of individuals who have had credit privileges voluntarily suspended shall be confidential, and neither the board nor the credit department of a certificate holder shall divulge the name of any individual on this list to any person or entity other than those provided for in this subsection. To be removed from the list, the individual shall submit a request to the board. The board shall remove the individual from the list and inform the credit department of each certificate holder not later than three business days after the board's receipt of the request.

(i) Liability.–A certificate holder or employee thereof shall not be liable to any individual on the voluntary credit suspension list or to any other party in any judicial proceeding for any harm, monetary or otherwise, which may arise as a result of:

(1) the failure of a certificate holder to restore credit privileges to an individual on the voluntary credit suspension list; or

(2) otherwise permitting an individual on the voluntary credit suspension list to engage in gaming activity in the licensed facility while on the voluntary credit suspension list. (j) Tax liability.–Draws against unsecured credit extended to

patrons pursuant to this section which become uncollectible may not be claimed by a certificate holder as a deduction, credit or any other type of reduction or offset against any tax imposed by this part or the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. § 1328A. Key employees and occupation permits.

Nothing in this part shall be construed to require any individual who holds a principal license, a key employee license or gaming employee license under Chapter 13 (relating to licensees) to obtain a separate license or permit to be employed in a certificate holder's table game operation authorized under this chapter. § 1329A. Application of Clean Indoor Air Act.

For the purpose of section 3(b)(11) of the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the term "gaming floor" shall include the areas of any licensed facility where the slot machine licensee is authorized to place and operate slot machines or conduct table games, except such areas off the gaming floor where contests or tournaments are conducted unless smoking is otherwise permitted in such areas. § 1329.1A. Application of Liquor Code.

The provisions of section 493(24)(ii) of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply to table games.

SUBCHAPTER D (RESERVED)

SUBCHAPTER E TABLE GAME TESTING AND CERTIFICATION

Sec. 1341A. Table game device and associated equipment testing and

certification standards. § 1341A. Table game device and associated equipment testing and

certification standards. (a) Expansion of independent testing and certification facility.–

Within one year of the effective date of this section, the board shall expand the independent testing and certification facility created under section 1320(b) to include the testing and certification of table game devices and associated equipment. Costs associated with the expansion of the facility shall be assessed on manufacturers licensed to manufacture table game devices or associated equipment under this part in accordance with a schedule adopted by the board. The expanded


facility shall be made available to each table game device manufacturer and supplier as determined by the board.

(b) Use of other state standards.–The board may determine whether the table game device testing and certification standards of another jurisdiction within the United States in which a manufacturer licensed pursuant to section 1317.1 (relating to manufacturer licenses) to manufacture table game devices or associated equipment used in connection with table games is licensed are comprehensive and thorough and provide similar adequate safeguards as those required by this part. If the board makes that determination, it may permit the manufacturer appropriately licensed pursuant to section 1317.1 to deploy table game devices or associated equipment it manufactures which have met the table game device testing and certification standards in another jurisdiction without undergoing the full testing and certification process by the board's independent testing and certification facility.

SUBCHAPTER F (RESERVED)

SUBCHAPTER G TABLE GAME TAXES AND FEES

Sec. 1361A. Table game authorization fee. 1362A. Table game taxes. 1363A. Local share assessment. § 1361A. Table game authorization fee.

(a) Amount of authorization fee.– (1) A Category 1 or a Category 2 slot machine licensee

that submits a petition for a table game operation certificate under section 1312A (relating to petition requirements) on or before June 1, 2010, shall pay a one-time nonrefundable authorization fee in the amount of $16,500,000. A Category 1 or a Category 2 slot machine licensee that submits a petition for a table game operation certificate under section 1312A after June 1, 2010, shall pay a one-time nonrefundable authorization fee in the amount of $24,750,000.

(2) A Category 3 slot machine licensee that submits a petition for a table game operation certificate under section 1312A on or before June 1, 2010, shall pay a one-time nonrefundable authorization fee in the amount of $7,500,000. A Category 3 slot machine licensee that submits a petition for a table game operation certificate under section 1312A after June 1, 2010, shall pay a one-time nonrefundable authorization fee in the amount of $11,250,000.

(3) Notwithstanding paragraphs (1) and (2), the holder of a Category 1 or Category 3 slot machine license issued after June 1, 2010, that submits a petition for a table game operation certificate shall pay a one-time nonrefundable authorization fee in the amount of $16,500,000 or $7,500,000, respectively.

(4) A table game operation certificate shall not be subject to renewal or payment of an additional authorization fee. (b) Payment of fee.–A slot machine licensee that submits a

petition on or before June 1, 2010, shall pay the required authorization fee on or before June 1, 2010. The board may allow the fee to be paid in installments, provided all installments are paid on or before June 1, 2010. In that event, the board and the slot machine licensee shall enter into a written agreement setting forth the terms of payment.

(c) Failure to pay by deadline.–If a petitioner or certificate holder fails to pay the required authorization fee in full by June 1, 2010, the board shall impose a penalty and may grant the petitioner or certificate holder up to a six-month extension to pay the authorization fee or any remaining portion of the authorization fee and the penalty. The board shall require the petitioner or certificate holder to make weekly payments until the fee and penalty are paid in full.

(d) Suspension of certificate.–The board shall suspend the table game operation certificate if the certificate holder fails to pay the total authorization fee and the penalty prior to the expiration of an extension period granted under subsection (c). The suspension shall remain in effect until final payment is made.

(e) (Reserved). (f) Deposit of fees.–-Notwithstanding section 1208 (relating to

collection of fees and fines), all table game authorization fees or penalties received by the board under this subchapter; all table game device and associated equipment manufacturer and supplier license fees; all table game device or associated equipment manufacturer and supplier renewal fees; and fees for licenses issued under Chapter 16 (relating to junkets) shall be deposited in the General Fund. § 1362A. Table game taxes.

(a) Imposition.– (1) Except as provided in paragraphs (2) and (3), each

certificate holder shall report to the department and pay from its daily gross table game revenue, on a form and in the manner prescribed by the department, a tax of 12% of its daily gross table game revenue.

(2) In addition to the tax payable under paragraph (1), each certificate holder shall report to the department and pay from its daily gross table game revenue, on a form and in the manner prescribed by the department, a tax of 34% of its daily gross table game revenue from each table game played on a fully automatic electronic gaming table.

(3) Until July 1, 2011, the tax reported and payable under paragraph (1) shall be 14% of daily gross table game revenue. (b) Deposits and distributions.-–

(1) The tax imposed under subsection (a) shall be payable to the department on a weekly basis and shall be based upon gross table game revenue derived during the previous week.

(2) All funds owed to the Commonwealth under this section shall be held in trust for the Commonwealth by the certificate holder until the funds are paid to the department. Unless otherwise agreed to by the board, a certificate holder shall establish a separate bank account into which gross table game revenue shall be deposited and maintained until such time as the funds are paid to the department under this section or paid into the fund under section 1363A(a) (relating to local share assessment).

(3) The tax imposed under subsection (a) shall be deposited into the General Fund. (c) Deposits for property tax relief.–If, on the last day of a fiscal

year the balance of the Budget Stabilization Reserve Fund established pursuant to section 1701-A of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds $750,000,000, as certified by the Secretary of the Budget, the deposits made into the General Fund pursuant to subsection (a) shall cease and thereafter be deposited into the Property Tax Relief Fund established pursuant to 4 Pa.C.S. § 1409 (relating to Property Tax Relief Fund). § 1363A. Local share assessment.

(a) Required payment.–In addition to the tax imposed under section 1362A (relating to table game taxes), each certificate holder shall pay on a weekly basis and on a form and in a manner prescribed by the department a local share assessment into a restricted receipts account established within the fund. All funds owed to a county or municipality under this section shall be held in trust by the certificate holder until the funds are paid into the account. Funds in the account are hereby appropriated to the department on a continuing basis for the purposes set forth in this section.

(b) Distributions to counties.–The department shall make quarterly distributions from the local share assessments deposited into the fund under subsection (a) to counties, including home rule counties, hosting a licensed facility authorized to conduct table games under this chapter in accordance with the following:

(1) If the licensed facility is a Category 1 licensed facility located at a harness racetrack and the county, including a home rule county, in which the licensed facility is located is:

(i) A county of the third class: 50% of the licensed facility's local share assessment shall be added to and distributed with the funds distributed under


section 1403(c)(2)(i)(D) (relating to establishment of State Gaming Fund and net slot machine revenue distribution).

(ii) A county of the second class A: 50% of the licensed facility's local share assessment shall be distributed to the county.

(iii) A county of the fourth class: 50% of the licensed facility's local share assessment shall be added to the funds in the restricted receipts account established pursuant to section 1403(c)(2)(i)(E) for distribution with those funds.

(iv) A county of the fifth class: 50% of the licensed facility's local share assessment shall be added to the funds in the restricted receipts account established pursuant to section 1403(c)(2)(i)(F) for distribution with those funds. (2) If the facility is a Category 1 licensed facility that is

located at a thoroughbred racetrack and the county in which the licensed facility is located is:

(i) A county of the second class A: 50% of the licensed facility's local share assessment shall be distributed to the county to be further distributed as grants to a nonprofit hospital in a first class township that is contiguous to the municipality in which the licensed facility is located. If the nonprofit hospital ceases to exist, 50% of the licensed facility's local share assessment shall be distributed to the county in which the licensed facility is located.

(ii) Except as set forth in subparagraph (iii), a county of the third class: 50% of the licensed facility's local share assessment shall be distributed to the county to be used solely to fund the establishment of a county violent crime task force to reduce gang violence, gun trafficking and violence and drug-related crimes in the county. The district attorney shall appoint, direct and coordinate the operations and personnel of the task force.

(iii) A county of the third class which is also a home rule county: 100% of the licensed facility's local share assessment shall be distributed to a community college that is established in the county after the effective date of this subparagraph and prior to January 1, 2014, to be used by the community college for organizational, administrative, operating and capital expenditures and the payment of principal, interest and expenses related to indebtedness, subject to the following:

(A) Until January 1, 2014, or until a community college is established after the effective date of this subparagraph prior to January 1, 2014, whichever occurs first, 100% of the licensed facility's local share assessment shall be distributed to the county redevelopment authority to be deposited and maintained by the county redevelopment authority in a restricted receipts account. The funds may be invested by the county redevelopment authority as permitted by law, and any interest earned on the funds and investment income derived from the funds shall be deposited into the restricted receipts account. The funds in the restricted receipts account shall be distributed as provided in clause (B) or used as provided in clause (C), as applicable.

(B) If a community college is established in the county following the effective date of this subparagraph and prior to January 1, 2014, the funds in the restricted receipts account established under clause (A) shall be distributed in their entirety by the county redevelopment authority to the community college no later than

60 days following the date of the establishment of the community college.

(C) If a community college is not established in the county following the effective date of this subparagraph and prior to January 1, 2014, beginning January 1, 2014, 100% of the licensed facility's local share assessment shall be distributed to the county redevelopment authority to be deposited into the restricted receipts account established under clause (A) and all funds in the restricted receipts account shall be used by the county redevelopment authority for a revolving loan program available to municipalities within the county for infrastructure projects, including, but not limited to, water, sewer, storm water management, flood control, roads, broadband Internet access, site remediation and public utility infrastructure in areas other than a public utility's own facilities. The county redevelopment authority may use funds from the revolving loan program for expenses related to the cost to administer the revolving loan program in an amount not in excess of 0.5% of the revolving loan program portfolio in a given calendar year. A municipality may not use funds received under the revolving loan program for general budget or operating expenses. The county redevelopment authority shall develop loan program criteria and guidelines consistent with the provisions of this clause.

(D) For purposes of this subparagraph, a community college shall be considered to be established on the date on which the proposed community college plan is approved by the State Board of Education within the meaning of section 1903-A(c) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, notwithstanding the fact that a board of trustees of the community college may not have yet been appointed by the governing bodies of the local sponsor of the community college.

(3) If the facility is a Category 2 licensed facility and if the county in which the licensed facility is located is:

(i) A county of the first class: 100% of the licensed facility's local share assessment shall be added to an distributed wit the funds distributed under section 1403(c)92)(iii)(A).

(ii) A county of the second class: 50% of the licensed facility's local share assessment shall be distributed as follows:

(A) Eighty-five percent shall be deposited into a restricted receipts account to be established in the Department of Education for distribution pursuant to the act of June 14, 1961 (P.L.324, No.188), known as The Library Code, for grants to an established library system in the county but outside a city of the second class. Funds made available under this clause shall be in addition to any funding provided to such libraries pursuant to the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code; the Public School Code of 1949; and The Library Code. Notwithstanding The Library Code, in making distributions from funds made available under this clause, the library system shall distribute the funds as follows:


(I) At least 80% shall be distributed to libraries in the library system in the county but outside a city of the second class on a per capita basis of the population of the county based on the most recent decennial census excluding a city of the second class.

(II) At least 15% but not more than 20% shall be distributed to libraries in the library system in each city, borough, town or township in the county outside a city of the second class, which has a market value per capita below the fifth percentile of all cities, boroughs, towns or townships, with comparable classifications. The market value per capita and percentiles under this subclause shall be as determined annually by the State Tax Equalization Board.

(III) Not more than 5% may be used to defray the reasonable and necessary administrative costs of the library system in administering the funds, as determined by the Department of Education.

(IV) If, after the distribution and use under subclauses (I), (II) and (III), funds are still available for distribution under this clause, those funds shall be shall be distributed to libraries in the library system in the county but outside a city of the second class on a per capita basis of the population of the county based on the most recent decennial census excluding a city of the second class. (B) Fifteen percent to a recognized

tourist promotion agency that is established by a home rule municipality that was formerly a township or borough located in the county pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the Tourist Promotion Act, and recognized by the Department of Community and Economic Development and the home rule municipality. (iii) A county of the third class where a city of

the third class hosting the licensed facility is located in two counties of the third class: 50% of the licensed facility's local share assessment shall be distributed as follows:

(A) Sixty percent to the county in which the licensed facility is located for economic development projects, community improvement projects and other projects in the public interest within the county.

(B) Twenty percent to the nonhost city of the third class in the county in which the licensed facility is located.

(C) Twenty percent to the nonhost county in which the host city is located, of which 50% shall be used solely for grants to municipalities that are contiguous to the host city for economic development projects, community improvement projects and other projects in the public interest. (iv) A county of the fifth class: 50% of the

licensed facility's local share assessment shall be

distributed as follows: (A) Fifty percent shall be added to the

funds in the restricted receipts account established pursuant to section 1403(c)(2)(iii)(F)(I) for distribution with those funds.

(B) Fifty percent shall be transferred to the Pennsylvania Higher Education Assistance Agency for deposit into a restricted receipts account to be used exclusively for grants to a school of medicine located in a city of the second class A within a county of the third class for operating costs associated with the school of medicine.

(4) The following apply: (i) If the facility is a Category 3 licensed facility

located in a county of the second class A: 50% of the licensed facility's local share assessment shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants or guarantees for projects in the county that qualify under 64 Pa.C.S. §§ 1551 (relating to Business in Our Sites Program), 1556 (relating to Tax Increment Financing Guarantee Program) and 1558 (relating to Water Supply and Waste Water Infrastructure Program).

(ii) Except as provided in subparagraph (i), if the facility is a Category 3 licensed facility in a county of any class: 50% of the licensed facility's local share assessment shall be added to the funds in the restricted receipts account established under section 1403(c)(2)(iv)(A) for distribution with those funds. (5) Except as otherwise provided in this subsection, if

the facility is a Category 1 or a Category 2 licensed facility in a county of any class: 50% of the licensed facility's local share assessment shall be distributed in accordance with section 1403(c) based upon the category and type of licensed facility and the classification of the county where the licensed facility is located. (c) Distributions to municipalities.–The department shall make

quarterly distributions from the local share assessments deposited into the fund under subsection (a) to municipalities, including home rule municipalities, hosting a licensed facility authorized to conduct table games under this chapter in accordance with the following:

(1) If the licensed facility is a Category 2 licensed facility and is located in a city of the second class, 50% of the licensed facility's local share assessment shall be deposited into a restricted receipts account to be established in the Department of Education for distribution pursuant to The Library Code for grants to an established local library in the city for the purpose of maintaining the library branch system in existence on January 1, 2011. Funds made available under this clause shall be in addition to any funding provided to such libraries pursuant to The Fiscal Code, the Public School Code of 1949 and The Library Code. If the established local library in the city fails to maintain the library branch system as provided in this paragraph, 50% of the licensed facility's local share assessment shall be distributed to the city to be used solely to fund the accrued liability of all pension plans maintained by the city.

(2) If the licensed facility is a Category 1 licensed facility located at a harness racetrack in a city of the third class, 50% of the licensed facility's local share assessment shall be distributed to the city solely for the purpose of becoming and remaining a member or local sponsor of a community college on behalf of all students in the school district. If in any year the amount distributable or received under this paragraph exceeds the amount necessary for the city to become or remain a member or local sponsor, the excess shall be distributed to, or retained by,


the city and may be used for any lawful purpose. (3) If a licensed facility is a Category 2 facility and is

located in a city of the third class and the city is located in more than one county of the third class, 50% of the licensed facility's local share assessment shall be distributed as follows:

(i) 50% to the host city; (ii) 20% to a city of the third class located solely

in the nonhost county in which the host city of the third class is also located; and

(iii) 30% to a nonhost city of the third class located solely in the host county. (4) If the licensed facility is a Category 1 licensed

facility located at a harness racetrack in a township of the first class, 50% of the licensed facility's local share assessment shall be distributed to the township, subject, however, to the budgetary limitation in this paragraph. The amount distributed to the township shall not exceed 50% of the township's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds not distributed to the township because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of the county where the licensed facility is located.

(5) The following apply: (i) Except as provided in subparagraphs (ii) and

(iii), if the licensed facility is a Category 1 or Category 2 licensed facility and is located in a township of the second class, 50% of the licensed facility's local share assessment shall be distributed to the township, subject, however, to the budgetary limitation in this subparagraph. The amount distributed to the township shall not exceed 50% of the township's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds not distributed to the township because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of county where the licensed facility is located. No funds shall be distributed under this subparagraph to a township of the second class located in a county of the third class receiving any funds under subsection (b)(2)(iii).

(ii) If the licensed facility is a Category 1 licensed facility located at a thoroughbred racetrack in a township of the second class in a county of the second class A, 50% of the licensed facility's local share assessment shall be distributed to the recreation department of the township of the second class to support youth athletics, subject, however, to the budgetary limitation in this subparagraph. The amount distributed shall not exceed 50% of the department's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds not distributed to the recreation department because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of county where the licensed facility is located.

(iii) If the licensed facility is a Category 1 licensed facility located at a thoroughbred racetrack in a township of the second class in a county of the third class

with a population of not less than 200,000 but not more than 260,000 where the licensed facility and all attached or contiguous acreage owned by the licensed facility is located in more than one township of the second class, 50% of the licensed facility's local share assessment shall be distributed as follows:

(A) $120,000 of the licensed facility's local share assessment shall be distributed annually to each such township of the second class; and

(B) remaining funds shall be added to and distributed with the funds distributed to the county under subsection (b)(2)(ii).

(6) The following apply: (i) If the licensed facility is a Category 3

licensed facility and is located in a borough in a county of the third class and the borough is contiguous to a city of the third class:

(A) Fifty percent of the licensed facility's local share assessment shall be distributed to the host borough, subject to clause (C).

(B) Fifty percent of the licensed facility's local share assessment shall be distributed to the city of the third class that is contiguous to the host borough, subject to clause (C).

(C) The amount distributed to the borough or the city shall not exceed 50% of the borough's or the city's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds not distributed to the borough or the city because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of the county where the licensed facility is located. (ii) Except as provided in subparagraph (i), if the

licensed facility is a Category 3 licensed facility and is located in a municipality of any class, 50% of the licensed facility's local share assessment shall be distributed to the municipality, subject, however, to the budgetary limitation in this subparagraph. The amount distributed to the municipality shall not exceed 50% of the municipality's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds not distributed to the municipality because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of county where the licensed facility is located. (7) Except as otherwise provided in this subsection, if

the facility is a Category 1 or a Category 2 licensed facility in a municipality of any class, 50% of the licensed facility's local share assessment shall be distributed to the municipality, subject, however, to the budgetary limitation in this paragraph. The amount distributed to the municipality shall not exceed 50% of the municipality's total budget for fiscal year 2009 adjusted for inflation in subsequent years by an amount not to exceed the annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any funds


not distributed to the municipality because of the budgetary limitation shall be distributed in accordance with subsection (b) based upon the classification of county where the licensed facility is located. (d) Construction.–The following shall apply to distributions

provided for in this section: (1) Distributions to counties shall be based upon county

classifications in effect on the effective date of this section and any reclassification of a county as a result of a Federal decennial census or pursuant to an act of the General Assembly shall not apply to this section unless the act of the General Assembly specifically provides otherwise.

(2) Distributions to municipalities shall be based upon municipal classifications in effect on the effective date of this section and any reclassification of a municipality as a result of a Federal decennial census or pursuant to an act of the General Assembly shall not apply to this section unless the act of the General Assembly specifically provides otherwise. (e) Miscellaneous provisions.–

(1) If any provision of this section is found to be unenforceable for any reason, the distribution provided for in such unenforceable provision shall be made to the municipality in which the licensed facility is located.

(2) References to the Consumer Price Index shall mean the Consumer Price Index for All Urban Consumers for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures have been officially reported by the United States Department of Labor, Bureau of Labor Statistics.

(3) A person or its affiliated entity or a political subdivision may not compensate or incur an obligation to compensate a person to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. A person or its affiliated entity may not engage in or agree to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. A violation of this paragraph shall be considered an intentional violation of 65 Pa.C.S. § 13A09(e) (relating to penalties). This paragraph shall not apply to a county or municipality that compensates a person to prepare a grant application for funds under this section if all of the following requirements are met:



of the amount of any funds approved, awarded or received of up to 0.5%. (4) In cooperation with the department, the Department

of Community and Economic Development, and the Commonwealth Financing Authority, the Office of the Budget shall submit an annual report on all distributions of local share assessments to counties and municipalities under this section to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and the minority chairman of the Community, Economic and Recreational Development Committee of the Senate, the chairman and the minority chairman of the Appropriations Committee of the House of Representatives and the chairman and minority chairman of the Gaming Oversight Committee of the House of Representatives.

(5) All counties and municipalities receiving distributions of local share assessments under this section shall submit an annual report to the Department of Community and Economic Development on a form prepared by the Department of Community and Economic Development that sets forth the amount and use of the funds received for the prior calendar year. The report shall set forth whether the funds received were

deposited into the county's or municipality's general fund or committed to a specific project or use. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter. (f) Definitions.–As used in this section, the following words and

phrases shall have the meanings given to them in this subsection: "Community college." The term shall have the meaning ascribed

to it in section 1901-A(4) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

"Local share assessment." Two percent of a certificate holder's daily gross table game revenue.

Section 11.2. Sections 1401(b), 1402(a) and 1402.1 of Title 4 are amended to read: § 1401. Slot machine licensee deposits.

* * * (b) Initial deposit of funds.–Not later than two business days

prior to the commencement of slot machine operations by a slot machine licensee, [the] a slot machine licensee shall deposit and maintain the [sum of $5,000,000] following sums in its account to guarantee the payment of funds to the Commonwealth under this part and as security for its obligations under section 1405 (relating to Pennsylvania Race Horse Development Fund)[.]:

(1) For a Category 1 or Category 2 slot machine licensee, $1,500,000.

(2) For a Category 3 slot machine licensee, $1,000,000. No additional minimum deposit shall be required from a slot machine licensee if a slot machine licensee is granted a table game operation certificate under Chapter 13A (relating to table games).

* * * § 1402. Gross terminal revenue deductions.

(a) Deductions.–After determining the appropriate assessments for each slot machine licensee, the department shall determine costs, expenses or payments from each account established under section 1401 (relating to slot machine licensee deposits). The following costs and expenses shall be transferred to the appropriate agency upon appropriation by the General Assembly:

(1) The costs and expenses to be incurred by the department in administering this part at each slot machine licensee's licensed facility based upon a budget submitted by the department [to and approved by the board] under section 1402.1 (relating to itemized budget reporting).

(2) The other costs and expenses to be incurred by the department in administering this part based upon a budget submitted by the department [to and approved by the board] under section 1402.1.

(3) Sums necessary to repay any loans made by the General Fund to the department in connection with carrying out its responsibilities under this part, including the costs of the initial acquisition of the central control computer and any accessories or associated equipment.

(4) The costs and expenses to be incurred by the Pennsylvania State Police and the Office of Attorney General and not otherwise reimbursed under this part in carrying out their respective responsibilities under this part based upon [a budget] budgets submitted by the Pennsylvania State Police and the Attorney General [to and approved by the board] under section 1402.1.

(5) Sums necessary to repay any loans made by the General Fund to the Pennsylvania State Police in connection with carrying out its responsibilities under this part.

(6) The costs and expenses to be incurred by the board in carrying out its responsibilities under this part based upon a budget [approved] submitted by the board under section 1402.1.

(7) Sums necessary to repay any loans made by the General Fund to the board in connection with carrying out its responsibilities under this part. * * *

§ 1402.1. Itemized budget reporting.


(a) Submission.–The board, department, Pennsylvania State Police and [the] Office of Attorney General shall prepare and annually submit to the chairman of the Appropriations Committee of the Senate and the chairman of the Appropriations Committee of the House of Representatives an itemized budget consisting of amounts to be appropriated out of the accounts established under section 1401 (relating to slot machine licensee deposits) necessary to administer this part. The department, Pennsylvania State Police and Office of Attorney General shall provide copies of their itemized budgets to the board at the same time they are submitted to the chairmen of the committees.

(b) Analyses and recommendations.–As soon as practicable after receiving copies of the itemized budgets submitted under subsection (a), the board shall prepare and submit to the chairmen of the committees analyses of, and make recommendations regarding, the itemized budgets.

Section 11.3. Section 1403(b), (c)(2)(i)(D), (E) and (F), (iii)(F) and (iv) and (3)(v) and (viii) of Title 4 are amended and the section is amended by adding subsections to read: § 1403. Establishment of State Gaming Fund and net slot machine

revenue distribution. * * * (b) Slot machine tax.–[The department shall determine and each]

Each slot machine licensee shall report to the department and pay on a form and in a manner prescribed by the department a daily tax of 34% from its daily gross terminal revenue from the slot machines in operation at its facility and a local share assessment as provided in subsection (c) [into the fund]. All funds owed to the Commonwealth, a county or a municipality under this section shall be held in trust by the licensed gaming entity for the Commonwealth, the county and the municipality until the funds are paid or transferred [and distributed] to the fund. Unless otherwise agreed to by the [Gaming Board] board, a licensed gaming entity shall establish a separate bank account to maintain [gaming proceeds] gross terminal revenue until such time as [they] the funds are paid or transferred under this section. Moneys in the fund are hereby appropriated to the department on a continuing basis for the purposes set forth in subsection (c).

(c) Transfers and distributions.–The department shall: * * * (2) From the local share assessment established in

subsection (b), make quarterly distributions among the counties hosting a licensed facility in accordance with the following schedule:

(i) If the licensed facility is a Category 1 licensed facility that is located at a harness racetrack and the county, including a home rule county, in which the licensed facility is located is:

* * * (D) (I) A county of the third class: Except as provided in subclause (II), 2% of the gross terminal revenue from each such licensed facility shall be deposited into a restricted receipts account to be established in the [Department of Community and Economic Development] Commonwealth Financing Authority to be used exclusively for grants for [health, safety and economic development projects] projects in the public interest to municipalities within the county where the licensed facility is located. [Municipalities that are contiguous to the municipality hosting such licensed facility shall be given priority by the Department of Community and Economic Development in the award of such grants.]

(I.1) Priority shall be given to multiyear projects approved or awarded

by the Department of Community and Economic Development under subclause (I) on or before the effective date of this subclause.

(II) If a licensed facility is located in one of two counties of the third class where a city of the third class is located in both counties of the third class, the county in which the licensed facility is located shall receive 1.2% of the gross terminal revenue to be distributed as follows: 20% to the host city, 30% to the host county and 50% to the host county for the purpose of making municipal grants within the county, with priority given to municipalities contiguous to the host city. The county of the third class, which includes a city of the third class that is located in two counties of the third class and is not the host county for the licensed facility, shall receive .8% of the gross terminal revenue to be distributed as follows: 60% to a nonhost city of the third class located solely in the nonhost county in which the host city of the third class is also located or 60% to the nonhost city of the third class located both in the host and nonhost counties of the third class, 35% to the nonhost county and 5% to the nonhost county for the purpose of making municipal grants within the county. (E) A county of the fourth class: 2% of

the gross terminal revenue from each such licensed facility shall be distributed as follows:

(I) The department shall make distributions directly to each municipality within the county, except the host municipality, by using a formula equal to the sum of $25,000 plus $10 per resident of the municipality using the most recent population figures provided by the Department of Community and Economic Development, provided, however, that the amount so distributed to any municipality shall not exceed 50% of its total budget for fiscal year 2009, adjusted for inflation in subsequent fiscal years by an amount not to exceed an annual cost-of-living adjustment calculated by applying any upward percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Distributions to a municipality in accordance with this subclause shall be deposited into a special fund which shall be established by the municipality. The governing body of the municipality shall have the right to draw upon the special fund for any lawful purpose provided that the municipality identifies the fund as the source of the expenditure. Each municipality shall annually submit a report to the Department of Community and Economic Development detailing the amount and purpose of each expenditure


made from the special fund during the prior fiscal year.

(II) Any funds not distributed under subclause (I) shall be deposited into a restricted receipts account established in the Department of Community and Economic Development to be used exclusively for grants to the county, to economic development authorities or redevelopment authorities within the county for grants for economic development projects, infrastructure projects, job training, community improvement projects, other projects in the public interest, and necessary and reasonable administrative costs. Notwithstanding the provisions of the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, grants made under this clause may be utilized as local matching funds for other grants or loans from the Commonwealth. (F) Counties of the fifth through eighth

classes: (I) Except as set forth in

subclause (II), 2% of the gross terminal revenue from each such licensed facility shall be deposited into a restricted account established in the Department of Community and Economic Development to be used exclusively for grants to the county.

(II) If the licensed facility is located in a second class township in a county of the fifth class, 2% of the gross terminal revenue from the licensed facility shall be distributed as follows:

(a) 1% shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants for projects in the public interest to municipalities within the county where the licensed facility is located.

(b) 1% shall be distributed to the county for projects in the public interest in the county. * * *

(iii) If the facility is a Category 2 licensed facility and if the county in which the licensed facility is located is:

* * * (F) Counties of the fifth class: 2% of

the gross terminal revenue from each such licensed facility shall be deposited and distributed as follows:

(I) One percent to be distributed as follows:

(a) Beginning in 2010, the sum of $2,400,000 annually for a period of 20 years to the county for purposes of funding debt service related to the construction of a community college campus located within the county.

(b) Any funds not distributed under subclause (a) shall be deposited into a restricted receipts account to be established in the [Department of Community and Economic Development] Commonwealth Financing Authority to be used exclusively for grants within the county for economic development projects, road projects located within a 20-mile radius of the licensed facility and located within the county, community improvement projects and other projects in the public interest within the county. The amount under this subclause includes reasonable administrative costs. (II) One percent shall be

deposited into a restricted receipts account to be established in the [Department of Community and Economic Development] Commonwealth Financing Authority to be used exclusively for grants within contiguous counties for economic development projects, community improvement projects and other projects in the public interest within contiguous counties. The amount under this subclause includes reasonable administrative costs. A contiguous county that hosts a Category 1 licensed facility shall be ineligible to receive grants under this subclause.

(II.1) Priority shall be given to multiyear projects approved or awarded by the Department of Community and Economic Development under subclause (II) on or before the effective date of this subclause.

(III) Fifty percent of any revenue required to be transferred under paragraph (3)(v) shall be deposited into the restricted receipts account established under subclause (I)(b), and 50% shall be deposited into the restricted [receipt] receipts account established under subclause (II). Notwithstanding the Capital Facilities Debt Enabling Act, grants made under this clause may be utilized as local matching funds for other grants or loans from the Commonwealth. * * *

(iv) [If] (A) Except as provided in clause (B) or (C), if the facility is a Category 3 licensed facility, 2% of the gross terminal revenue from [each such] the licensed facility shall be deposited into a restricted receipts account established in the Department of Community and Economic Development to be used exclusively for grants to the county, to economic development authorities or redevelopment authorities within the county for grants for economic development projects [and], community improvement projects and other


projects in the public interest. (B) If the facility is a Category 3

licensed facility located in a county of the second class A, 2% of the gross terminal revenue from the licensed facility shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants or guarantees for projects in the host county that qualify under 64 Pa.C.S. §§ 1551 (relating to Business in Our Sites Program), 1556 (relating to Tax Increment Financing Guarantee Program) and 1558 (relating to Water Supply and Wastewater Infrastructure Program).

(C) If the facility is a Category 3 licensed facility located in a county of the fifth class that is contiguous to a county of the seventh class, 2% of the gross terminal revenue from the licensed facility shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority to be used exclusively for grants within the county for economic development projects, infrastructure projects, community improvement projects and other projects in the public interest within the county and for infrastructure projects within a two mile radius of the licensed facility in a contiguous county of the seventh class. * * *

(3) From the local share assessment established in subsection (b), make quarterly distributions among the municipalities, including home rule municipalities, hosting a licensed facility in accordance with the following schedule:

* * * (v) To a township of the second class hosting a

licensed facility[, other than a Category 3 licensed facility,]

(A) 2% of the gross terminal revenue or $10,000,000 annually, whichever is greater, shall be paid by each licensed gaming entity operating a licensed facility [located in the township], other than a Category 3 licensed facility or a licensed facility owning land adjacent to the licensed facility located in more than one township of the second class, to the township of the second class hosting the licensed facility, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to the designated municipalities shall not exceed 50% of their total budget for fiscal year 2003-2004, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located. [Where the licensed facility is other than a Category 3 and is located in more than one second class township, the] If revenues generated by the 2% do not meet the $10,000,000 minimum specified in this subparagraph, the department shall collect the remainder of the minimum amount of $10,000,000 from each licensed gaming entity operating a licensed facility in the township, pay

any balance due to the township and transfer any remainder in accordance with paragraph (2).

(B) 2% of the gross terminal revenue or $10,000,000 annually, whichever is greater, less the amount paid under clause (C), shall be paid by each licensed gaming entity operating a licensed facility and owning land adjacent to the licensed facility located in more than one township of the second class, other than a Category 3 licensed facility, to the township of the second class hosting the licensed facility, subject, however, to the budgetary limitation in this subparagraph. The amount allocated to the designated municipalities may not exceed 50% of their total budget for the fiscal year 2003-2004, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of the county where the licensed facility is located. The county commissioners of [the] a county of the third class in which the licensed facility is located shall appoint an advisory committee for the purpose of advising the county as to the need for municipal grants for health, safety, transportation and other projects in the public interest to be comprised of two individuals from the host municipality, two from contiguous municipalities within the county of the third class and one from the host county. [A county other than a county of the third class in which the licensed facility is located is not required to appoint an advisory committee and may use funds received under this subparagraph for purposes other than municipal grants.] In the event that the revenues generated by the 2% do not meet the $10,000,000 minimum specified in this subparagraph, the department shall collect the remainder of the minimum amount of $10,000,000 from each licensed gaming entity operating a licensed facility in the township, pay any balance due to the township and transfer any remainder in accordance with paragraph (2).

(C) $160,000 annually shall be paid by each licensed gaming entity operating a licensed facility and owning land adjacent to the licensed facility located in more than one township of the second class, other than a Category 3 licensed facility, to the township of the second class that is located in a county of the fifth class in which the adjacent land is located, including racetracks, grazing fields or any other adjoining real property. * * * (viii) [To] (A) Except as provided in clause (B) or (C), to a municipality of any class hosting a Category 3 facility, 2% of the gross terminal revenue from the Category 3 licensed facility located in the municipality, subject, however, to the budgetary limitation in this [subparagraph] clause. The amount allocated to the designated municipalities shall not exceed 50% of their total budget for fiscal year [2003-2004] 2009, adjusted


for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located.

(B) If the municipality hosting a Category 3 licensed facility is a borough located in a county of the third class and the borough is contiguous to a city of the third class, 1% of gross terminal revenue shall be distributed to the host borough and 1% of gross terminal revenue shall be distributed to the city of the third class that is contiguous to the host borough, subject, however, to the budgetary limitation in this clause. The amount allocated to each designated municipality shall not exceed 50% of its total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage increase, if any, in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located.

(C) If the municipality hosting a Category 3 licensed facility is a township of the second class in a county of the fifth class, 2% of the gross terminal revenue from the Category 3 licensed facility located in the municipality, subject, however, to the budgetary limitation in this clause. The amount allocated to the designated municipalities shall not exceed 50% of their total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the consumer Price Index immediately prior to the date the adjustment is due to take effect. Any remaining money shall be collected by the department from each licensed gaming entity and distributed in equal amounts to each municipality contiguous to the host municipality. However, if the amount to be allocated to any contiguous municipality exceeds 50% of the municipality's total budget for fiscal year 2009, adjusted for inflation in subsequent years by an amount not to exceed an annual cost-of-living adjustment calculated by applying the percentage change in the Consumer Price Index immediately prior to the date the adjustment is due to take effect. Any money remaining following distribution to contiguous municipalities shall be collected by the department and distributed in accordance with paragraph (2) based upon the classification of county where the licensed facility is located. * * *

(e) Reporting.– (1) In cooperation with the department, the Department

of Community and Economic Development shall submit an annual report on all distributions of local share assessments to

counties and municipalities under this section to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Community, Economic and Recreational Development Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives and the chairman and minority chairman of the Gaming Oversight Committee of the House of Representatives. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter.

(2) All counties and municipalities receiving distributions of local share assessments under this section shall submit information to the Department of Community and Economic Development on a form prepared by the Department of Community and Economic Development that sets forth the amount and use of the funds received in the prior calendar year. The form shall set forth whether the funds received were deposited in the county's or municipality's General Fund or committed to a specific project or use. (f) Prohibited activities.–

(1) A person or its affiliated entity or a political subdivision shall not compensate or incur an obligation to compensate a person to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. A person or its affiliated entity shall not engage in or agree to engage in lobbying for compensation contingent in whole or in part upon the approval, award, receipt or denial of funds under this section. This subsection shall not apply to a county or municipality that compensates a person to prepare a grant application for funds under this section if the following requirements are met:



of the amount of any funds approved, awarded or received up to .5%. (2) A violation of this section shall be considered an

intentional violation of 65 Pa.C.S. § 13A09(e) (relating to penalties). Section 11.4. Section 1406(a) of Title 4 is amended to read:

§ 1406. Distributions from Pennsylvania Race Horse Development Fund.

(a) Distributions.–Funds [from] in the Pennsylvania Race Horse Development Fund are hereby appropriated to the department on a continuing basis for the purposes set forth in this subsection and shall be distributed to each active and operating Category 1 licensee conducting live racing [in the following manner] as follows:

(1) An amount equal to 18% of the daily gross terminal revenue of each Category 1 licensee shall be distributed to each active and operating Category 1 licensee conducting live racing unless the daily assessments are affected by the daily assessment cap provided for in section 1405(c) (relating to Pennsylvania Race Horse Development Fund). In cases in which the daily assessment cap affects daily assessments, the distribution to each active and operating Category 1 licensee conducting live racing for that day shall be a percentage of the total daily assessments paid into the Pennsylvania Race Horse Development Fund for that day equal to the gross terminal revenue of each active and operating Category 1 licensee conducting live racing for that day divided by the total gross terminal revenue of all active and operating Category 1 licensees conducting live racing for that day. [The] Except as provided in paragraphs (2) and (2.1), the distributions to licensed racing entities from the Pennsylvania Race Horse Development Fund shall be allocated as follows:

(i) Eighty percent shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The


earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(ii) For thoroughbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Breeding Fund as defined in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8% shall be deposited on a monthly basis in the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act, and 8% shall be deposited on a monthly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture by rule or by regulation, adopt a standardbred breeders program that will include the administration of Pennsylvania Stallion Award, Pennsylvania Bred Award and a Pennsylvania Sired and Bred Award.

(iii) Four percent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. (2) [(Reserved).] Beginning January 1, 2010, and for the

remainder of fiscal year 2009-2010, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:




paid by each active and operating Category 1 licensee conducting live racing into the Pennsylvania Race Horse Development Fund for that week; by

(II) the total daily assessments paid by all active and operating Category 1 licensees conducting live racing into the Pennsylvania Race Horse Development Fund for that week. (B) Multiply the quotient under clause



be distributed under subparagraph (ii) or $275,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. The total distributions for health and pension benefits for fiscal year 2009-2010 shall not exceed $11,400,000.


(I) Eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in


consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

(2.1) For fiscal years 2010-2011 through 2012-2013, distributions from the Pennsylvania Race Horse Development Fund shall be allocated as follows:








be distributed under subparagraph (ii) or $220,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the State Horse Racing Commission or the State Harness Racing Commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. The total distribution under this clause in any fiscal year shall not exceed $11,400,000.


(I) Eighty-three and one-third

percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund established in section 223 of the Race Horse Industry Reform Act. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund as defined in section 224 of the Race Horse Industry Reform Act; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The State Harness Racing Commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

* * * Section 12. Section 1407(d) introductory paragraph and (7) of

Title 4 are amended and the section is amended by adding subsections to read: § 1407. Pennsylvania Gaming Economic Development and Tourism

Fund. * * * (d) Restrictions on projects for certain counties and cities.–[For]

Except as set forth in subsection (d.1), for a ten-year period beginning with the first fiscal year during which deposits are made into this fund, no moneys from the Pennsylvania Gaming Economic Development and Tourism Fund shall be distributed for any project located in a city or county of the first or second class except as authorized by this subsection. Moneys not used for the authorized projects in cities and counties of the first and second classes may be used throughout this Commonwealth. Moneys from the fund for projects within cities and counties of the first and second classes may only be used for the following projects during this ten-year period:

* * * [(7) for retirement of indebtedness and for financing of a

hotel or convention center in a city of the second class established pursuant to the authority of the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law;]

* * * (d.1) Community and economic development.–

(1) Notwithstanding subsection (b) or any other provision of law to the contrary, the money authorized but not expended under former subsection (d)(7) as of the effective date


of this subsection shall be deposited into a restricted receipts account to be established in the Commonwealth Financing Authority exclusively for eligible applications submitted by the redevelopment authority of a county of the second class created pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, for economic development, infrastructure development, job training, community improvement, public safety or other projects in the public interest located in a county of the second class. Community development corporations, political subdivisions, urban redevelopment authorities, municipal authorities, for-profit entities and nonprofit entities located in a county of the second class shall be eligible to receive funds made available under this paragraph.

(2) Notwithstanding the Capital Facilities Debt Enabling Act, funding under the paragraph (1) may be utilized as local matching funds for grants or loans from the Commonwealth. (e) Annual report.–The Office of the Budget, in cooperation with

the Department of Community and Economic Development and the Commonwealth Financing Authority, shall submit an annual report of all distribution of funds under this section to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Community, Economic and Recreational Development Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives and the chairman and minority chairman of the Gaming Oversight Committee of the House of Representatives. The report shall include detailed information relating to transfers made from the Pennsylvania Gaming Economic Development and Tourism Fund and all reimbursements, distributions and payments made under subsection (b) or the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter.

(f) Local report.–A city of the first class, city of the second class, county of the second class, convention center or convention center authority, sports and exhibition authority of a county of the second class, urban redevelopment authority, airport authority or other entity that receives money from the fund pursuant to an Economic Development Capital Budget under subsection (b) or the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007 shall submit an annual report to the Office of the Budget. The report shall include detailed information, including records of expenditures, payments and other distributions made from funds received under subsection (b). The initial report shall include information on all funds received prior to August 31, 2010. The report shall be submitted by August 31, 2010, and by August 31 of each year thereafter until all funds under this section are distributed or received. An entity that receives funds for the first time after the effective date of this section shall submit its initial report by August 31 of the year following receipt of the funds.

(g) Distribution to international airport.–Notwithstanding the provisions of section 7(d) of the act of July 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, following the distribution of $42.5 million of funds allocated to a county of the second class for debt service and economic development projects for an international airport in the county under section 3(2)(i)(E) of said act, all remaining funds shall be distributed directly to an authority that operates an international airport in the county.

Section 13. Section 1408(a), (c) and (e) of Title 4 are amended and the section is amended by adding a subsection to read: § 1408. Transfers from State Gaming Fund.

(a) Transfer for compulsive and problem gambling treatment.–Each year, the sum of [$1,500,000] $2,000,000 or an amount equal to [.001] .002 multiplied by the total gross terminal revenue of all active and operating licensed gaming entities, whichever is greater, shall be transferred into the Compulsive and Problem Gambling Treatment Fund established in section 1509 (relating to compulsive and problem

gambling program). (a.1) Transfer.–Beginning on the first business day of January

2010 and annually thereafter, the sum of $3,000,000 shall be transfered to the Department of Health to be used to provide drug and alcohol addiction treatment services, including treatment for drug and alcohol addiction related to compulsive and problem gambling, as set forth in section 1509.1 (relating to drug and alcohol treatment).

* * * (c) Local law enforcement grants.–Annually, the sum of

[$5,000,000] $2,000,000 shall be transferred to the board for the purpose of issuing grants to local law enforcement agencies to [enforce and prevent the unlawful operation of slot machines] investigate violations of and enforce laws relating to unlawful gambling in this Commonwealth. For purposes of this subsection, the term "local law enforcement agency" shall include the Pennsylvania State Police when conducting unlawful gambling enforcement and prevention activities in a municipality which does not have a municipal police department and in which the Pennsylvania State Police provide the municipality with primary police coverage.

* * * (e) Transfer to Property Tax Relief Fund.–Monthly, the State

Treasurer shall transfer the remaining balance in the State Gaming Fund which is not allocated in subsections (a), (a.1), (b), (c) and (d) to the Property Tax Relief Fund established in section 1409 (relating to Property Tax Relief Fund).

Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of Title 4 are amended to read: § 1501. Responsibility and authority of department.

* * * (b) Application of rules and regulations.–The department may

prescribe the extent, if any, to which any rules and regulations shall be applied without retroactive effect. The department shall have authority to prescribe the forms and the system of accounting and recordkeeping to be employed and through its representative shall at all times have power of access to and examination and audit of any equipment and records relating to all aspects of the operation of slot machines and table games under this part.

(c) Procedure.–For purposes of implementing this part, the department may promulgate regulations in the same manner in which the board is authorized as provided in section 1203 (relating to temporary regulations) and section 1303A (relating to temporary table game regulations).

* * * § 1504. Wagering on credit.

[Slot] Except as otherwise provided in this section, slot machine licensees [may] shall not extend credit. Slot machine licensees [may] shall not accept credit cards, charge cards or debit cards from a patron or player for the exchange or purchase of slot machine credits or for an advance of coins or currency to be utilized by a player to play slot machine games or extend credit in any manner to a player so as to enable the player to play slot machines. Slot machine licensees who hold a table game operation certificate may extend credit for slot machine gaming in accordance with section 1326A (relating to cash equivalents). § 1505. No eminent domain authority.

Neither the Commonwealth nor any political subdivision thereof shall have the right to acquire, with or without compensation, through the power of eminent domain any property, easement or land use right for the siting or construction of a licensed facility [for the operation of slot machines by a slot machine licensee].

Section 13.2. Section 1509(a), (b), (c) and (d) of Title 4 are amended and the section is amended by adding subsections to read: § 1509. Compulsive and problem gambling program.

(a) Establishment of program.–The Department of Health, in consultation with organizations similar to the Mid-Atlantic Addiction Training Institute, shall develop program guidelines for public education, awareness and training regarding compulsive and problem gambling and the treatment and prevention of compulsive and problem


gambling. The guidelines shall include strategies for the prevention of compulsive and problem gambling. The Department of Health may consult with the board and licensed gaming entities to develop such strategies. [The program shall include:

(1) Maintenance of a compulsive gamblers assistance organization's toll-free problem gambling telephone number to provide crisis counseling and referral services to families experiencing difficulty as a result of problem or compulsive gambling.

(2) The promotion of public awareness regarding the recognition and prevention of problem or compulsive gambling.

(3) Facilitation, through in-service training and other means, of the availability of effective assistance programs for problem and compulsive gamblers and family members affected by problem and compulsive gambling.

(4) Conducting studies to identify adults and juveniles in this Commonwealth who are or are at risk of becoming problem or compulsive gamblers.

(5) Providing grants to and contracting with organizations which provide services as set forth in this section.

(6) Providing reimbursement for organizations for reasonable expenses in assisting the Department of Health in carrying out the purposes of this section.] (a.1) Duties of Department of Health.–From funds available in

the Compulsive and Problem Gambling Treatment Fund, the Department of Health shall:

(1) Maintain a compulsive gamblers assistance organization's toll-free problem gambling telephone number to provide crisis counseling and referral services to individuals and families experiencing difficulty as a result of problem or compulsive gambling.

(2) Facilitate, through in-service training and other means, the availability of effective assistance programs for problem and compulsive gamblers and family members affected by problem and compulsive gambling.

(3) At its discretion, conduct studies to identify individuals in this Commonwealth who are or are at risk of becoming problem or compulsive gamblers.

(4) Provide grants to and contract with single county authorities and other organizations which provide services as set forth in this section.

(5) Reimburse organizations for reasonable expenses incurred assisting the Department of Health with implementing this section. (a.2) Duties of Department of Health and board.–Within 60 days

following the effective date of this subsection, the Department of Health's Bureau of Drug and Alcohol Programs and the board's Office of Compulsive and Problem Gambling shall jointly collaborate with other appropriate offices and agencies of State or local government, including single county authorities, and providers and other persons, public or private, with expertise in compulsive and problem gambling treatment to do the following:

(1) Implement a strategic plan for the prevention and treatment of compulsive and problem gambling.

(2) Adopt compulsive and problem gambling treatment standards to be integrated with the Bureau of Drug and Alcohol Program's uniform Statewide guidelines that govern the provision of addiction treatment services.

(3) Develop a method to coordinate compulsive and problem gambling data collection and referral information to crisis response hotlines, child welfare and domestic violence programs and providers and other appropriate programs and providers.

(4) Develop and disseminate educational materials to provide public awareness related to the prevention, recognition and treatment of compulsive and problem gambling.

(5) Develop demographic-specific compulsive and problem gambling prevention, intervention and treatment

programs. (6) Prepare an itemized budget outlining how funds will

be allocated to fulfill the responsibilities under this section. (b) Compulsive and Problem Gambling Treatment Fund.–There

is hereby established in the State Treasury a special fund to be known as the Compulsive and Problem Gambling Treatment Fund. All moneys in the fund shall be [expended] administered by the Department of Health and expended solely for programs for the prevention and treatment of gambling addiction and other emotional and behavioral problems associated with or related to gambling addiction and for the administration of the compulsive and problem gambling program[.]; provided that the Department of Health shall annually distribute at least 50% of the money in the fund to single county authorities under subsection (d). The fund shall consist of money annually allocated to it from the annual payment established under section [1408] 1408(a) (relating to transfers from State Gaming Fund), money which may be allocated by the board, interest earnings on moneys in the fund and any other contributions, payments or deposits which may be made to the fund.

(c) Notice of availability of assistance.– (1) Each slot machine licensee shall obtain a toll-free

telephone number to be used to provide persons with information on assistance for compulsive or problem gambling. Each licensee shall conspicuously post at least 20 signs similar to the following statement:

If you or someone you know has a gambling problem, help is available. Call (Toll-free telephone number).

The signs must be posted within 50 feet of each entrance and exit [and], within 50 feet of each automated teller machine location within the licensed facility and in other appropriate public areas of the licensed facility as determined by the slot machine licensee.

(2) Each racetrack where slot machines or table games are operated shall print a statement on daily racing programs provided to the general public that is similar to the following:

If you or someone you know has a gambling problem, help is available. Call (Toll-free telephone number). (3) A licensed facility which fails to post or print the

warning sign in accordance with paragraph (1) or (2) shall be assessed a fine of $1,000 a day for each day the [sign is] minimum number of signs are not posted or the required statement is not printed as provided in this subsection. (d) Single county authorities.–The Department of Health [may]

shall make grants from the fund established under subsection (b) to [a single county authority] single county authorities created pursuant to the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act, for the purpose of providing compulsive gambling and gambling addiction prevention, treatment and education programs. Treatment may include financial counseling, irrespective of whether the financial counseling is provided by the single county authority, the treatment service provider or subcontracted to a third party. It is the intention of the General Assembly that any grants [that] made by the Department of Health [may make] to any single county authority in accordance with the provisions of this subsection be used exclusively for the development and implementation of compulsive and problem gambling programs authorized under [subsection (a)] this section.

(d.1) Eligibility.–Eligibility to receive treatment services for treatment of compulsive and problem gambling under this section shall be determined using financial eligibility and other requirements of the single county authorities as approved by the Department of Health.

(d.2) Report.–No later than October 1, 2010, and each October 1 thereafter, the Department of Health, in consultation with the board, shall prepare and submit a report on the impact of the programs funded by the Compulsive and Problem Gambling Treatment Fund to the Governor and to the members of the General Assembly. The report shall include aggregate demographic-specific data, including race, gender, geography and income of those individuals treated.


* * * Section 13.3. Title 4 is amended by adding a section to read:

§ 1509.1. Drug and alcohol treatment. (a) Duties of Department of Health.–Annually, the Department

of Health shall allocate and transfer all funds received by it under section 1408(a.1) (relating to transfers from State Gaming Fund) to the single county authorities.

(b) Duties of single county authorities.–The funds allocated and transferred to the single county authorities under subsection (a) shall be used by the single county authorities solely for drug and alcohol addiction assessments, including drug and alcohol addiction assessment associated or related to compulsive and problem gambling, and for the related addiction treatment, in nonhospital residential detoxification facilities, nonhospital residential rehabilitation facilities and halfway houses licensed by the Department of Health to provide addiction treatment services.

(c) Eligibility.–Eligibility to receive treatment services for treatment of drug and alcohol addiction or drug and alcohol addiction associated with or related to compulsive and problem gambling shall be determined using financial eligibility and other requirements of the single county authorities as approved by the Department of Health.

(d) Report.–No later than October 1, 2010, and each October 1 thereafter, the Bureau of Drug and Alcohol Programs shall prepare and submit a report to the Governor and to the members of the General Assembly on the data and progress on activities initiated under this section.

Section 13.4. Sections 1510(a), 1511(b) and 1512(a.1), (a.5) and (b) of Title 4 are amended to read: § 1510. Labor hiring preferences.

(a) Category 1, 2, and 3 licensed facilities, generally.–Each licensed gaming entity shall prepare a hiring plan for employees of its respective licensed facility which promotes a diverse work force, minority participation and personnel from within the surrounding geographical area. The hiring plan shall be approved by the board and shall be consistent with the goals outlined in sections 1212 (relating to diversity goals of board) and 1304A (relating to Commonwealth resident employment goals) and shall be updated annually.

* * * § 1511. Declaration of exemption from Federal laws prohibiting slot

machines. * * * (b) Legal shipments.–All shipments of [slot machines] gambling

devices, as defined in section 1 of the Gambling Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), into this Commonwealth, the registering, recording and labeling of which has been effected by the manufacturer and supplier of those devices, in accordance with sections [5 and 7] 3 and 4 of the Gambling Devices Transportation Act (64 Stat. 1134, 15 U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal shipments of [slot machines] gambling devices into this Commonwealth. § 1512. Financial and employment interests.

* * * (a.1) Employment.–Except as may be provided by rule or order

of the Pennsylvania Supreme Court and except as provided in section 1202.1 (relating to code of conduct) or 1512.1 (relating to additional restrictions), no executive-level public employee, public official or party officer, or an immediate family member thereof, shall be employed by an applicant or a slot machine licensee, manufacturer licensee, supplier licensee or licensed racing entity, or by any holding company, affiliate, intermediary or subsidiary thereof, while the individual is an executive-level public employee, public official or party officer and for one year following termination of the individual's status as an executive-level public employee, public official or party officer.

* * * (a.5) State Ethics Commission.–The State Ethics Commission

shall [publish] do all of the following: (1) Issue a written determination of whether a person is

subject to subsections (a), (a.1) or (a.2) upon the written request of the person or any other person that may have liability for an action taken with respect to such person. A person that relies in good faith on a determination made under this paragraph shall not be subject to any penalty for an action taken, provided that all material facts set forth in the request for the determination are correct.

(2) Publish a list of all State, county, municipal and other government positions that meet the definitions of "public official" as defined under subsection (b) or "executive-level public employee" [under subsection (b)]. The Office of Administration shall assist the State Ethics Commission in the development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially and posted by the board on the board's Internet website. Upon request, each public official shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any individual, including any public official or executive-level public employee, who fails to cooperate with the State Ethics Commission under this subsection. A person that relies in good faith on the list published by the State Ethics Commission shall not be subject to any penalty for a violation of this section. (b) Definitions.–As used in this section, the following words and

phrases shall have the meanings given to them in this subsection: ["Executive-level public employee." The term shall include the


Governor's Office executive staff. (2) An employee of the Executive Branch with

discretionary power which may affect or influence the outcome of a State agency's action or decision and who is involved in the development of regulations or policies relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.

(3) An employee of a county or municipality with discretionary powers which may affect or influence the outcome of the county's or municipality's action or decision and who is involved in the development of law, regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.

(4) An employee of a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may affect or influence the outcome of the governmental body's action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.] "Financial interest." Owning or holding, or being deemed to

hold, debt or equity securities or other ownership interest or profits interest. A financial interest shall not include any debt or equity security, or other ownership interest or profits interest, which is held or deemed to be held in any of the following:

(1) A blind trust over which the executive-level public employee, public official, party officer or immediate family member thereof may not exercise any managerial control or receive income during the tenure of office and the period under subsection (a). The provisions of this paragraph shall apply only to blind trusts established prior to the effective date of this paragraph.

(2) Securities that are held in a pension plan, profit-sharing plan, individual retirement account, tax-sheltered annuity, a plan established pursuant to section 457 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et


seq.) or any successor provision deferred compensation plan whether qualified or not qualified under the Internal Revenue Code of 1986 or any successor provision or other retirement plan that:

(i) is not self-directed by the individual; and (ii) is advised by an independent investment

adviser who has sole authority to make investment decisions with respect to contributions made by the individual to these plans. (3) A tuition account plan organized and operated

pursuant to section 529 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 529) that is not self-directed by the individual.

(4) A mutual fund where the interest owned by the mutual fund in a licensed entity does not constitute a controlling interest as defined in this part. "Immediate family." A spouse, minor child or unemancipated

child. ["Law enforcement authority." The power to conduct

investigations of or to make arrests for criminal offenses.] "Party officer." A member of a national committee; a chairman,

vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee; a county chairman, vice chairman, counsel, secretary or treasurer of a county committee in which a licensed facility is located; or a city chairman, vice chairman, counsel, secretary or treasurer of a city committee of a city in which a licensed facility is located.

"Public official." The term shall include the following: (1) The Governor, Lieutenant Governor, a member of

the Governor's cabinet, Treasurer, Auditor General and Attorney General of the Commonwealth.

(2) A member of the Senate or House of Representatives of the Commonwealth.

(3) An individual elected or appointed to any office of a county or municipality that directly receives a distribution of revenue under this part.

(4) An individual elected or appointed to a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) that directly receives a distribution of revenue under this part.

(5) An individual elected or appointed to a department, agency, board, commission, authority, county, municipality or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may influence or affect the outcome of an action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part.

The term does not include a member of a school board or an individual who held an uncompensated office with a governmental body prior to January 1, 2006, and who no longer holds the office as of January 1, 2006. The term includes a member of an advisory board or commission which makes recommendations relating to a licensed facility.

Section 14. Title 4 is amended by adding a section to read: § 1512.1. Additional restrictions.

(a) Restrictions.–No individual trooper or employee of the Pennsylvania State Police or employee of the Office of Attorney General or the department whose duties substantially involve licensing or enforcement, the development of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part shall do any of the following:

(1) Accept employment with or be retained by an applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years after the termination of employment.

(2) Appear before the board in any hearing or proceeding or participate in any other activity on behalf of any

applicant, licensee, permittee or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant, licensee or licensed entity, for a period of two years after termination of employment. Nothing in this paragraph shall prevent a current or former trooper or employee of the Pennsylvania State Police, the Office of Attorney General or the department from appearing before the board in any proceeding or hearing as a witness or testifying as to any fact or information.

(3) As a condition of employment, an individual subject to this subsection shall sign an affidavit that the individual will not accept employment with or be retained by any applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, for a period of two years after the termination of employment. (b) Employment or retention.–An applicant or licensed entity or

an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity shall not employ or retain an individual who signed an affidavit required by subsection (a)(3) until the expiration of the period required in subsection (a)(1). An applicant or licensed entity, or an affiliate, intermediary, subsidiary or holding company of an applicant or licensed entity, that knowingly employs or retains an individual in violation of this subsection shall terminate the employment of the individual and be subject to a penalty under section 1518(c) (relating to prohibited acts; penalties).

(c) Violation.–If an individual subject to subsection (a) refuses or otherwise fails to sign an affidavit, the individual's employer shall terminate the employment.

(d) Code of conduct.–The Pennsylvania State Police, Office of Attorney General and department each shall adopt a comprehensive code of conduct which shall supplement all other requirements under this part and 65 Pa.C.S. Pt. II (relating to accountability), as applicable, and shall provide guidelines applicable to troopers, employees, independent contractors of the agency whose duties substantially involve licensing or enforcement, the development of laws, or the development or adoption of regulations or policy related to gaming under this part or who has other discretionary authority which may affect the outcome of an action, proceeding or decision under this part, and the immediate families of these individuals to enable them to avoid any perceived or actual conflict of interest and to promote public confidence in the integrity and impartiality of gaming enforcement and regulation. At a minimum, the code of conduct adopted under this section shall apply the types of restrictions applicable to members under section 1202.1(c), except that the restrictions under section 1202.1(c)(5) shall not apply to an elected Attorney General.

(e) State Ethics Commission.–The State Ethics Commission shall do all of the following:

(1) Issue a written determination of whether an individual is subject to subsection (a) upon the written request of the individual or the individual's employer or potential employer. A person that relies in good faith on a determination made under this paragraph shall not be subject to any penalty for an action taken, provided that all material facts set forth in the request for the determination are correct.

(2) Publish a list of all positions within the Pennsylvania State Police, the Office of Attorney General and the department whose duties would subject the individuals in those positions to the provisions of subsection (a). Each agency subject to this subsection shall assist the State Ethics Commission in the development of the list, which shall be published by the State Ethics Commission in the Pennsylvania Bulletin biennially, shall be posted by the board on the board's Internet website and shall be posted by each agency on the agency's Internet website. Upon request by the State Ethics Commission, members and employees of each agency subject to this subsection shall have a duty to provide the State Ethics Commission with adequate information to accurately develop and maintain the list. The State Ethics Commission may impose a civil penalty under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any individual who fails to


cooperate with the State Ethics Commission under this subsection. A person who relies in good faith on the list published by the State Ethics Commission shall not be subject to any penalty for a violation of subsection (a). Section 14.1. Sections 1513(c) and 1514 heading, (b), (f), (g)

and (h) of Title 4 are amended to read: § 1513. Political influence.

* * * (c) Penalties.–

(1) The first violation of this section by a licensed gaming entity or any person that holds a controlling interest in such gaming entity, or a subsidiary company thereof, [and] or any officer, director or management-level employee of such licensee shall be punishable by a fine [of] equal to an amount not less than [an] the average single day's gross terminal revenue and gross table game revenue of the licensed gaming entity [derived from the operation of slot machines in this Commonwealth]; a second violation of this section, within five years of the first violation, shall be punishable by at least a one-day suspension of the license held by the licensed gaming entity and a fine equal to an amount not less than [an] two times the average [two days'] single day's gross terminal revenue and gross table game revenue of the licensed gaming entity; a third violation of this section within five years of the second violation shall be punishable by the immediate revocation of the license held by the licensed gaming entity. Following revocation, the board shall consider appointing a trustee in accordance with section 1332 (relating to appointment of trustee).

(2) The first violation of this section by a manufacturer or supplier licensed pursuant to this part or by any person that holds a controlling interest in such manufacturer or supplier, or a subsidiary company thereof, [and] or any officer, director or management-level employee of such a licensee shall be punishable by a fine [of] equal to an amount not less than [one] a single day's average of the gross profit from sales made by the manufacturer or supplier in Pennsylvania during the preceding 12-month period or portion thereof in the event the manufacturer or supplier has not operated in Pennsylvania for 12 months; a [second] subsequent violation of this section within five years of [the first] a prior violation shall be punishable by a one-month suspension of the license held by the manufacturer or supplier and a fine [of] equal to an amount not less than two times [one] a single day's average of the gross profit from sales made by the manufacturer or supplier in Pennsylvania during the preceding 12-month period or portion thereof in the event the manufacturer or supplier has not operated in Pennsylvania for 12 months.

(3) In no event shall the fine imposed under this section be [in] an amount less than [$50,000] $100,000 for each violation. In addition to any fine or sanction that may be imposed by the board under this subsection, any [person] individual who makes a contribution in violation of this section commits a misdemeanor of the third degree. * * *

§ 1514. Regulation requiring exclusion or ejection of certain persons. * * * (b) Categories to be defined.–The board shall promulgate

definitions establishing those categories of persons who shall be excluded or ejected pursuant to this section, including cheats and persons whose privileges for licensure, certification, permit or registration have been revoked.

* * * (f) Notice.–Whenever the [board places] bureau seeks to place

the name of any person on a list pursuant to this section, the [board] bureau shall serve notice of this fact to such person by personal service or certified mail at the last known address of the person. The notice shall inform the individual of the right to request a hearing under subsection (g).

(g) Hearing.–Within 30 days after receipt of notice in

accordance with subsection (f), the person named for exclusion or ejection may demand a hearing before the board, at which hearing the [board] bureau shall have the affirmative obligation to demonstrate that the person named for exclusion or ejection satisfies the criteria for exclusion or ejection established by this section and the board's regulations. Failure of the person to demand a hearing within 30 days after service shall be deemed an admission of all matters and facts alleged in the [board's] bureau's notice and shall preclude [a] the person from having an administrative hearing, but shall in no way affect the right to judicial review as provided in this section.

(h) Review.–If, upon completion of a hearing on the notice of exclusion or ejection, the board determines that placement of the name of the person on the exclusion or ejection list is appropriate, the board shall make and enter an order to that effect, which order shall be served on all [slot machine licensees] licensed gaming entities. The order shall be subject to review by the Commonwealth Court in accordance with the rules of court.

Section 14.2. Title 4 is amended by adding a section to read: § 1516.1. Prosecutorial and adjudicatory functions.

The board shall promulgate regulations and adopt procedures necessary to ensure that the bureau is a distinct entity and to prevent commingling of the investigatory and prosecutorial functions of the bureau under section 1517 (relating to investigations and enforcement) and the adjudicatory functions of the board. Regulations and procedures promulgated or adopted under this section shall do all of the following:

(1) Provide that neither the executive director nor the chief counsel of the board shall direct or limit the scope of a background investigation conducted by the bureau.

(2) Incorporate section 1202.1(c.1) (relating to code of conduct) and any other applicable provisions of section 1202.1. Section 15. Section 1517(a.1)(2) and (6), (b)(1), (c)(12) and

(e)(1) of Title 4 are amended, subsection (a.2)(1) is amended by adding a subparagraph and subsection (c) is amended by adding paragraphs to read: § 1517. Investigations and enforcement.

* * * (a.1) Powers and duties of bureau.–The Bureau of Investigations

and Enforcement shall have the following powers and duties: * * * (2) Investigate and review all applicants for a license,

permit or registration. The bureau shall be prohibited from disclosing any portion of a background investigation report to any board member prior to the submission of the bureau's final background investigation report relating to the applicant's suitability for licensure to the board. The Office of Enforcement Counsel, on behalf of the bureau, shall prepare the final background investigation report for inclusion in a final report relating to the applicant's suitability for licensure.

* * * (6) Conduct [audits] reviews of a licensed entity as

necessary to ensure compliance with this part. [An audit] A review may include the review of accounting, administrative and financial records, management control systems, procedures and other records utilized by a licensed entity.

* * * (a.2) Office of Enforcement Counsel.–

(1) There is established within the bureau an Office of Enforcement Counsel which shall act as the prosecutor in all noncriminal enforcement actions initiated by the bureau under this part and shall have the following powers and duties:

* * * (iv) Petition the board for the appointment of a

trustee under section 1332 (relating to appointment of trustee). * * *

(b) Powers and duties of department.– (1) The department shall at all times have the power of


access to [examination] examine and audit [of any] equipment and records relating to all aspects of the operation of slot machines or table games under this part.

* * * (c) Powers and duties of the Pennsylvania State Police.–The

Pennsylvania State Police shall have the following powers and duties: * * * (1.1) Promptly conduct a background investigation on an

individual selected by the board to fill the position of executive director of the board, director of the bureau, chief counsel of the board or the director of the Office of Enforcement Counsel and submit the results to the board.

* * * (12) Conduct audits or verification of information of slot

machine or table game operations at such times, under such circumstances and to such extent as the bureau determines. This paragraph includes reviews of accounting, administrative and financial records and management control systems, procedures and records utilized by a slot machine licensee.

* * * (14) By March 1 of each year, the Commissioner of the

Pennsylvania State Police shall submit a report to the Appropriations Committee of the Senate, the Community, Economic and Recreational Development Committee of the Senate, the Appropriations Committee of the House of Representatives and the Gaming Oversight Committee of the House of Representatives. The report shall summarize all law enforcement activities at each licensed facility during the previous calendar year and shall include all of the following:

(i) The number of arrests made and citations issued at each licensed facility and the name of the law enforcement agency making the arrest or issuing the citation.

(ii) A list of specific offenses charged for each arrest made or citation issued.

(iii) The number of criminal prosecutions resulting from arrests made or citations issued.

(iv) The number of convictions resulting from prosecutions reported under subparagraph (iii).

(v) The number of Pennsylvania State Police troopers assigned to each licensed facility and to the gaming unit at the Pennsylvania State Police headquarters.

(vi) The number and the subject matter of complaints made against Pennsylvania State Police troopers in licensed facilities and the type of disciplinary actions taken by the Pennsylvania State Police, if any, against the Pennsylvania State Police troopers.

(vii) The closest local police station, Pennsylvania State Police station and regional Pennsylvania State Police headquarters to each licensed facility.

* * * (e) Inspection, seizure and warrants.–

(1) The bureau, the department and the Pennsylvania State Police shall have the authority without notice and without warrant to do all of the following in the performance of their duties:

(i) Inspect and examine all premises where slot machine or table game operations are conducted, [gaming devices or] slot machines, table game devices and associated equipment are manufactured, sold, distributed or serviced or where records of these activities are prepared or maintained.

(ii) Inspect all equipment and supplies in, about, upon or around premises referred to in subparagraph (i).

(iii) Seize, summarily remove and impound equipment and supplies from premises referred to in

subparagraph (i) for the purposes of examination and inspection.

(iv) Inspect, examine and audit all books, records and documents pertaining to a slot machine licensee's operation.

(v) Seize, impound or assume physical control of any book, record, ledger, game, device, cash box and its contents, [counting] count room or its equipment or slot machine or table game operations.

* * * Section 16. Section 1517.2 of Title 4 is amended to read:

§ 1517.2. Conduct of [public officials and] board employees. (a) [Ex parte discussion prohibited.–An attorney representing the

bureau or the Office of Enforcement Counsel, or an employee of the bureau or office involved in the hearing process, shall not discuss the case ex parte with a hearing officer, chief counsel or member] (Reserved).

(b) [Other prohibitions.–A hearing officer, the chief counsel or a member shall not discuss or exercise any supervisory responsibility over any employee with respect to an enforcement hearing with which the employee is involved] (Reserved).

(c) Disqualification.–If it becomes necessary for the chief counsel or a member to become involved on behalf of the board in any enforcement proceeding, the chief counsel or the member shall be prohibited from participating in the adjudication of that matter and shall designate appropriate individuals to exercise adjudicatory functions.

Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) of Title 4 are amended, subsections (a) and (b) are amended by adding paragraphs and the section is amended by adding subsections to read: § 1518. Prohibited acts; penalties.

(a) Criminal offenses.– * * * (2) It shall be unlawful for a person to willfully:

(i) fail to report, pay or truthfully account for and pay over any license fee, authorization fee, tax or assessment imposed under this part; or

(ii) attempt in any manner to evade or defeat any license fee, authorization fee, tax or assessment imposed under this part. (3) It shall be unlawful for any licensed entity, gaming

employee, key employee or any other person to permit a slot machine, table game or table game device to be operated, transported, repaired or opened on the premises of a licensed facility by a person other than a person licensed or permitted by the board pursuant to this part.

(4) It shall be unlawful for any licensed entity or other person to manufacture, supply or place slot machines, table games, table game devices or associated equipment into play or display slot machines, table games, table game devices or associated equipment on the [premise] premises of a licensed facility without the authority of the board.

(5) Except as provided for in section 1326 (relating to license renewals), it shall be unlawful for a licensed entity or other person to manufacture, supply, operate, carry on or expose for play any slot machine, table game, table game device or associated equipment after the person's license has expired and prior to the actual renewal of the license.

* * * (7) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to use or possess a cheating or thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine-issued tickets or vouchers at a licensed facility.

(ii) An authorized employee of a licensee or an employee of the board may possess and use a cheating or


thieving device, counterfeit or altered billet, ticket, token or similar objects accepted by a slot machine or counterfeit or altered slot machine-issued tickets or vouchers in performance of the duties of employment.

[(iii) As used in this paragraph, the term "cheating or thieving device" includes, but is not limited to, a device to facilitate the alignment of any winning combination or to remove from any slot machine money or other contents. The term includes, but is not limited to, a tool, drill, wire, coin or token attached to a string or wire and any electronic or magnetic device.] (7.1) It shall be unlawful for an individual to do any of

the following: (i) Use or possess counterfeit, marked, loaded or

tampered with table game devices or associated equipment, chips or other cheating devices in the conduct of gaming under this part, except that an authorized employee of a licensee or an authorized employee of the board may possess and use counterfeit chips or table game devices or associated equipment that have been marked, loaded or tampered with, or other cheating devices in performance of the duties of employment for training, investigative or testing purposes only.

(ii) Knowingly, by a trick or sleight of hand performance or by fraud or fraudulent scheme, table game device or other device, for himself or for another, win or attempt to win any cash, property or prize at a licensed facility or to reduce or attempt to reduce a losing wager. (8) (i) Except as set forth in subparagraph (ii), it shall be unlawful for an individual to knowingly possess or use while on the premises of a licensed facility a key or device designed for the purpose of and suitable for opening or entering any slot machine, drop box or coin box which is located on the premises of the licensed facility.

(ii) An authorized employee of a licensee or a member of the board may possess and use a device referred to in subparagraph (i) in the performance of the duties of employment. * * * (11) It shall be unlawful for a licensed gaming entity that

is a licensed racing entity and that has lost the license issued to it by either the State Horse Racing Commission or the State Harness Racing Commission under the Race Horse Industry Reform Act or that has had that license suspended to operate slot machines or table games at the racetrack for which its slot machine license was issued unless the license issued to it by either the State Horse Racing Commission or the State Harness Racing Commission will be subsequently reissued or reinstated within 30 days after the loss or suspension.

* * * (13) It shall be unlawful for [any person] an individual

under [18] 21 years of age to [be permitted in the] enter and remain in any area of a licensed facility where slot machines are operated or the play of table games is conducted, except that an individual 18 years of age or older employed by a slot machine licensee may enter and remain in any such area while in the performance of the individual's employment duties being performed on behalf of the slot machine licensee.

(13.1) It shall be unlawful for an individual under 21 years of age to wager, play or attempt to play a slot machine or table game at a licensed facility.

(14) (Reserved). (15) It shall be unlawful for a licensed gaming entity to

require a wager to be greater than the stated minimum wager or less than the stated maximum wager. However, a wager made by a player and not rejected by a licensed gaming entity prior to

commencement of play shall be treated as a valid wager. A wager accepted by a dealer shall be paid or lost in its entirety in accordance with the rules of the game, notwithstanding that the wager exceeded the current table maximum wager or was lower than the current table minimum wager.

(16) An individual that engages in conduct prohibited by 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transfer of liquor or malt or brewed beverages) in a licensed facility commits a nongambling offense.

(17) It shall be unlawful for an individual to claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a slot machine, gaming table or other table game device, with the intent to defraud, or to claim, collect or take an amount greater than the amount won, or to manipulate with the intent to cheat, any component of any slot machine, table game or table game device in a manner contrary to the designed and normal operational purpose. (b) Criminal penalties and fines.–

(1) (i) A person that commits a first offense in violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits an offense to be graded in accordance with the applicable section violated. A person that is convicted of a second or subsequent violation of 18 Pa.C.S. § 4902, 4903 or 4904 in connection with providing information or making any statement, whether written or oral, to the board, the bureau, the department, the Pennsylvania State Police, the Office of Attorney General or a district attorney as required by this part commits a felony of the second degree.

(ii) A person that violates subsection (a)(2) through (12) or (17) commits a misdemeanor of the first degree. A person that is convicted of a second or subsequent violation of subsection (a)(2) through (12) or (17) commits a felony of the second degree. (2) (i) For a first violation of subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of:


(B) not less than $300,000 nor more than $600,000 if the person is a licensed gaming entity; or

(C) not less than $150,000 nor more than $300,000 if the person is a licensed manufacturer or supplier. (ii) For a second or subsequent violation of

subsection (a)(1) through (12) or (17), a person shall be sentenced to pay a fine of:


(B) not less than $600,000 nor more than $1,200,000 if the person is a licensed gaming entity; or

(C) not less than $300,000 nor more than $600,000 if the person is a licensed manufacturer or supplier.

(3) An individual who commits an offense in violation of subsection (a)(13) or (13.1) commits a nongambling summary offense and upon conviction of a first offense shall be sentenced to pay a fine of not less than $200 nor more than $1,000. An individual that is convicted of a second or subsequent offense under subsection (a)(13) or (13.1) shall be sentenced to pay a fine of not less than $500 nor more than $1,500. In addition to the fine imposed, an individual convicted of an offense under subsection (a)(13) or (13.1) may be sentenced to perform a


period of community service not to exceed 40 hours. (4) An individual that commits an offense in violation of

subsection (a)(16) commits a nongambling offense to be graded in accordance with 18 Pa.C.S. § 6308 and shall be subject to the same penalties imposed pursuant to 18 Pa.C.S. § 6308 and 6310.4 (relating to restriction of operating privileges) except that the fine imposed for a violation of subsection (a)(16) shall be not less than $350 nor more than $1,000. (c) Board-imposed administrative sanctions.–

(1) In addition to any other penalty authorized by law, the board may impose without limitation the following sanctions upon any licensee or permittee:

* * * (v) Suspend the license of any licensed gaming

entity for violation of or attempting to violate any provisions of this part or regulations promulgated under this part relating to its slot machine or table game operations.

* * * (3) In addition to any other fines or penalties that the

board may impose under this part or regulation, if a person violates subsection (a)(2), the board shall impose an administrative penalty of three times the amount of the license fee, authorization fee, tax or other assessment evaded and not paid, collected or paid over. This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. (d) Aiding and abetting.–A person who aids, abets, counsels,

commands, induces, procures or causes another person to violate a provision of this part shall be subject to all sanctions and penalties, both civil and criminal, provided under this part.

(e) Continuing offenses.–A violation of this part that is determined to be an offense of a continuing nature shall be deemed to be a separate offense on each event or day during which the violation occurs. Nothing in this section shall be construed to preclude the commission of multiple violations of the provisions of this part in any one day that establish offenses consisting of separate and distinct acts or violations of the provisions of this part or regulations promulgated under this part.

(f) Property subject to seizure, confiscation, destruction or forfeiture.–Any equipment, device or apparatus, money, material, gaming proceeds or substituted proceeds or real or personal property used, obtained or received or any attempt to use, obtain or receive the device, apparatus, money, material, proceeds or real or personal property in violation of this part, shall be subject to seizure, confiscation, destruction or forfeiture.

Section 17. Title 4 is amended by adding sections to read: § 1518.1. Report of suspicious transactions.

(a) Duty.–A slot machine licensee or a person acting on behalf of a slot machine licensee shall file a report of any suspicious transaction with the bureau. The filing with the bureau of a copy of a report made under 31 CFR 103.21 (relating to reports by casinos of suspicious transactions) shall satisfy this requirement.

(b) Failure to report.– (1) A person required under this section to file a report

of a suspicious transaction who knowingly fails to file a report of a suspicious transaction or who knowingly causes another person having that responsibility to fail to file a report commits a misdemeanor of the third degree.

(2) A person required under this section to file a report of a suspicious transaction who fails to file a report or a person who causes another person required under this section to file a report of a suspicious transaction to fail to file a report shall be strictly liable for his actions and may be subject to sanction under section 1518(c) (relating to prohibited acts; penalties). (c) Bureau.–The bureau shall maintain a record of all reports

made under this section for a period of five years. The bureau shall make the reports available to any Federal or State law enforcement agency upon written request and without necessity of subpoena.

(d) Notice prohibited.–A person who is required to file a report of a suspicious transaction under this section shall not notify any individual suspected of committing the suspicious transaction that the transaction has been reported. Any person that violates this subsection commits a misdemeanor of the third degree and may be subject to sanction under section 1518(c).

(e) Immunity.–A person who is required to file a report of a suspicious transaction under this section who in good faith makes the report shall not be liable in any civil action brought by any person for making the report, regardless of whether the transaction is later determined to be suspicious.

(f) Sanctions.– (1) In considering appropriate administrative sanctions

against any person for a violation of this section, the board shall consider all of the following:

(i) The risk to the public and to the integrity of gaming operations created by the conduct of the person.

(ii) The seriousness of the conduct of the person and whether the conduct was purposeful and with knowledge that it was in contravention of the provisions of this part or regulations promulgated under this part.

(iii) Any justification or excuse for the conduct by the person.

(iv) The prior history of the particular licensee or person involved with respect to gaming activity.

(v) The corrective action taken by the slot machine licensee to prevent future misconduct of a like nature from occurring.

(vi) In the case of a monetary penalty, the amount of the penalty in relation to the severity of the misconduct and the financial means of the licensee or person. The board may impose any schedule or terms of payment of such penalty as it may deem appropriate. (2) It shall be no defense to disciplinary action before

the board that a person inadvertently, unintentionally or unknowingly violated a provision of this section. The factors under paragraph (1) shall only go to the degree of the penalty to be imposed by the board and not to a finding of a violation itself. (g) Regulations.–The board shall promulgate regulations to

effectuate the purposes of this section. § 1518.2. Additional authority.

(a) General rule.–The director of the Office of Enforcement Counsel within the bureau may petition a court of record having jurisdiction over information in the possession of an agency in this Commonwealth, or if there is no such court, then the Commonwealth Court for authorization to review or obtain information in the possession of an agency in this Commonwealth by averring specific facts demonstrating that the agency has in its possession information material to a pending investigation or inquiry being conducted by the bureau pursuant to this part and that disclosure or release is in the best interest of the Commonwealth. The petition shall request that the court enter a rule upon the agency to show cause why the agency should not be directed to disclose to the bureau, or identified agents thereof, information in its possession about any pending matter under the jurisdiction of the bureau pursuant to this part. If a respondent is a local agency, a copy of any rule issued pursuant to this section shall be provided to the district attorney of the county in which the local agency is located and the Office of Attorney General. Upon request of a local agency, the district attorney or the Attorney General may elect to enter an appearance to represent the local agency in the proceedings.

(b) Procedure.–The filing of a petition pursuant to this section and related proceedings shall be in accordance with court rule, including issuance as of course. A party shall not disclose the filing of a petition or answer or the receipt, content or disposition of a rule or order issued pursuant to this section without leave of court. Any party to the proceedings may request that the record be sealed and proceedings be closed. The court shall grant the request if it is in the best interest of any person or the Commonwealth to do so.


(c) Court determination.–Following review of the record, the court shall grant the relief sought by the director of the Office of Enforcement Counsel if the court determines that the agency has in its possession information material to the investigation or inquiry and that disclosure or release of the information is in the best interest of the Commonwealth, that the disclosure or release of the information is not otherwise prohibited by statute or regulation and that the disclosure or release of the information would not inhibit an agency in the performance of the agency's duties. If the court so determines, the court shall enter an order authorizing and directing the information be made available for review in camera.

(d) Release of materials or information.–If, after an in camera review by the court, the director of the Office of Enforcement Counsel seeks to obtain copies of materials in the agency's possession, the court may, if not otherwise prohibited by statute or regulation, enter an order that the requested materials be provided. Any order authorizing the release of materials or other information shall contain direction regarding the safekeeping and use of the materials or other information sufficient to satisfy the court that the materials or information will be sufficiently safeguarded. In making this determination the court shall consider the input of the agency in possession of the information and any input from any agency with which the information originated concerning any pending investigation or ongoing matter and the safety of person and property.

(e) Modification of order.–If subsequent investigation or inquiry by the bureau warrants modification of any order entered pursuant to this section, the director of the Office of Enforcement Counsel may petition to request the modification. Upon such request, the court may modify its orders at any time and in any manner it deems necessary and appropriate. The agency named in the original petition shall be given notice and an opportunity to be heard.

(f) Use of information or materials.–Any person who, by any means authorized by this section, has obtained knowledge of information or materials solely pursuant to this section may use such information or materials in a manner consistent with any directions imposed by the court and appropriate to the proper performance of the person's official duties under this part.

(g) Violation.–In addition to any remedies and penalties provided in this part, any violation of the provisions of this section may be punished as contempt of the court.

(h) Definition.–As used in this section the term "agency" shall mean a "Commonwealth agency" or a "local agency" as those terms are defined in section 102 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. § 1518.3. Applicability of Clean Indoor Air Act.

Notwithstanding section 11(b) of the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the provisions of section 3(b)(11) of the Clean Indoor Air Act shall apply to all licensed facilities.

Section 17.1. Section 1521 of Title 4 is amended by adding a subsection to read: § 1521. Liquor licenses at licensed facilities.

* * * (b.1) Liquor Code sanctions.–Notwithstanding any other

provision of law, a person holding a slot machine license that also holds a license issued by the Pennsylvania Liquor Control Board shall not be subject to the provisions of section 471(c) of the Liquor Code. In addition, if a fine is imposed under section 471(b) of the Liquor Code, it shall be for not less than $250 nor more than $25,000. The prior citation history of the slot machine licensee shall be considered in determining the amount of the fine.

* * * Section 18. Section 1522 of Title 4 is amended to read:

§ 1522. Interception of oral communications. The interception and recording of oral communications made in a

[counting] count room of a licensed facility by a licensee shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 (relating to wiretapping and electronic surveillance). Notice that oral communications are being

intercepted and recorded shall be posted conspicuously in the [counting] count room.

Section 18.1. Title 4 is amended by adding a section to read: § 1523. Electronic funds transfer terminals.

(a) Prohibition.–A slot machine licensee may not install, own or operate or allow another person to install, own or operate on the premises of the licensed facility a slot machine or table game that is played with a device that allows a player to operate the slot machine or table game by transferring funds electronically from a debit card, credit card or by means of an electronic funds transfer terminal.

(b) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Electronic funds transfer terminal." An information-processing device or an automatic teller machine used for executing deposit account transactions between financial institutions and their account holders by either the direct transmission of electronic impulses or the recording of electronic impulses for delayed processing. The fact that a device is used for other purposes shall not prevent it from being considered an electronic funds transfer terminal under this definition.

Section 18.2. Title 4 is amended by adding chapters to read: CHAPTER 16

JUNKETS Sec. 1601. Gaming junkets authorized. 1602. Gaming junket enterprise license. 1603. Classification system. 1604. Gaming junket representatives. 1605. Junket agreements. 1606. Conduct of junket. 1607. Violation of terms. 1608. Records. 1609. Report. 1610. Gaming junket arrangement. 1611. Prohibitions. § 1601. Gaming junkets authorized.

The board may authorize the organization and conduct of gaming junkets subject to the provisions of this chapter. No gaming junket shall be organized or permitted to operate in this Commonwealth and no person shall act as a gaming junket representative or gaming junket enterprise except in accordance with this chapter. The board shall establish a reasonable application and authorization fee for any license, permit or other authorization issued under this chapter. § 1602. Gaming junket enterprise license.

(a) Gaming junket enterprise license required.–All gaming junket enterprises shall obtain a license from the board prior to acting as a gaming junket enterprise in this Commonwealth.

(b) Application.-–A gaming junket enterprise license application shall be in a form prescribed by the board and shall include the following:

(1) The name, address and photograph of the applicant and all owners, directors, managers and supervisory employees of a gaming junket enterprise.

(2) The details of a gaming junket enterprise license or similar license applied for or granted or denied to the applicant by another jurisdiction.

(3) Consent for the bureau to conduct a background investigation, the scope of which shall be determined by the board.

(4) All releases necessary for the bureau and the board to acquire licensing documents and other information necessary to conduct a background investigation or otherwise evaluate the application.

(5) A list of all civil judgments obtained against the applicant pertaining to any gaming junket enterprise with which the applicant has been associated.

(6) A description of the operation and organization of the gaming junket enterprise.


(7) Any additional information required by the board. (c) Enforcement information.-–If the applicant has held a

gaming junket license or other gaming license in another jurisdiction, the applicant may submit a letter of reference from the gaming enforcement agency in the other jurisdiction. The letter shall specify the experiences of the agency with the applicant, the applicant's associates and the applicant's gaming junket enterprise or gaming activity. If no letter is received within 30 days following the applicant's request, the applicant may submit a statement under oath, subject to the penalty for false swearing under 18 Pa.C.S. § 4903 (relating to false swearing), that the applicant is in good standing with the gaming enforcement agency in the other jurisdiction.

(d) Issuance.-–Following review of the application, completion of the background investigation and payment of the license fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue a gaming junket enterprise license to the applicant if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and that the applicant's activities, criminal record, reputation, habits and associations do not pose a threat to the public interest or suitable or legitimate operation of gaming.

(e) Failure to cooperate.-–Failure to provide required information or releases under this section shall result in the immediate denial of an application for a license.

(f) Nontransferability.-–A license issued under this section shall be nontransferable. § 1603. Classification system.

The board shall develop a classification system for the regulation of gaming junket enterprises and the individuals and entities associated with gaming junket enterprises. § 1604. Gaming junket representatives.

(a) Occupation permit.-–Except as otherwise provided in subsection (e), a gaming junket representative shall obtain an occupation permit from the board in accordance with section 1318 (relating to occupation permit application).

(b) Application.-–In addition to the requirements of section 1308 (relating to applications for license or permit), the application for a gaming junket representative occupation permit shall be in a form prescribed by the board and shall include the following:

(1) Verification of employment status as a gaming junket representative with a licensed gaming junket enterprise or an applicant for a gaming junket enterprise license.

(2) A description of employment responsibilities. (3) A consent form to allow the bureau to conduct a

background investigation, the scope of which shall be determined by the board.

(4) A release for the bureau and the board to acquire copies of information from government agencies, employers and others as necessary to complete the investigation.

(5) Fingerprints which shall be submitted to the Pennsylvania State Police.

(6) A photograph that meets the standards of the Commonwealth Photo Imaging Network.

(7) Details relating to a similar license, permit or other authorization obtained in another jurisdiction, if any.

(8) Any additional information required by the board. (c) Issuance.-–Following review of the application, background

investigation and payment of the permit fee established by the board under section 1601(a) (relating to gaming junkets authorized), the board may issue an occupation permit if the applicant has proven by clear and convincing evidence that the applicant is a person of good character, honesty and integrity and is eligible and suitable to receive an occupation permit.

(d) Nontransferability.-–An occupation permit issued under this section shall be nontransferable.

(e) Holder of occupation permit.–-Nothing in this section shall be construed to prohibit an individual who holds a valid occupation permit and who is employed by a slot machine licensee from acting as

a junket representative. A gaming junket representative need not be a resident of this Commonwealth. § 1605. Junket agreements.

Agreements entered into between a slot machine licensee and a gaming junket enterprise or a gaming junket representative shall include a provision for the termination of the agreement without liability on the part of the slot machine licensee if:

(1) The board orders the suspension, limitation, conditioning, denial or revocation of the license of a gaming junket representative license or occupation permit of a gaming junket representative.

(2) The board disapproves the agreement and requires its termination.

Failure to expressly include the termination requirement under this section in the agreement shall not constitute a defense in an action brought relating to the termination of the agreement. § 1606. Conduct of junket.

A slot machine licensee shall be responsible for the conduct of a gaming junket representative or gaming junket enterprise with which the slot machine licensee has an agreement and for the terms and conditions of a gaming junket on its premises. § 1607. Violation of terms.

Notwithstanding any other provision of this part, if the board determines that the terms of an agreement to conduct a gaming junket were violated by a slot machine licensee, gaming junket enterprise or gaming junket representative, the board may do any or all of the following:

(1) Order restitution to the gaming junket participant. (2) Assess civil penalties or sanctions under section 1518

(relating to prohibited acts; penalties) for a violation or deviation from the terms of the junket agreement.

§ 1608. Records. The board shall prescribe procedures and forms to retain records

relating to the conduct of a gaming junket by a slot machine licensee. A slot machine licensee shall:

(1) Maintain a current report of the operations of gaming junkets conducted at its licensed facility.

(2) Submit to the board and the bureau a list of all its employees who conduct business on behalf of the slot machine licensee with gaming junket representatives on a full-time, part-time or temporary basis.

(3) Maintain records of all agreements entered into with a gaming junket enterprise or gaming junket representative for a minimum of five years.

(4) Provide any other information relating to a gaming junket required by the board or bureau.

§ 1609. Report. A slot machine licensee, gaming junket representative or gaming

junket enterprise shall file a report with the bureau on each list of gaming junket participants or potential gaming junket participants purchased by the slot machine licensee, gaming junket representative or gaming junket enterprise. The report shall include the source of the list and zip codes of participants or potential participants on a list purchased directly or indirectly by a slot machine licensee, gaming junket representative or gaming junket enterprise. Nothing in this section shall require the reporting or maintenance of personal identifying information pertaining to participants or potential participants. § 1610. Gaming junket arrangement.

Upon petition by a slot machine licensee, the board may grant an exemption from the permit requirements of this chapter to a gaming junket representative. The board shall consult with the bureau prior to granting an exemption under this section and shall consider the following:

(1) The terms of the gaming junket arrangement. (2) The number and scope of gaming junkets. (3) Whether the exemption is consistent with the policies

and purposes of this part.


(4) Any other factor deemed necessary by the bureau or board.

The board may condition, limit or restrict the exemption. § 1611. Prohibitions.

A gaming junket enterprise or gaming junket representative shall not do any of the following:

(1) Engage in efforts to collect on any check provided by a gaming junket participant that has been returned by a financial institution without payment.

(2) Exercise approval authority over the authorization or issuance of credit under section 1326A (relating to cash equivalents).

(3) Receive or retain a fee from an individual for the privilege of participating in a gaming junket.

(4) Pay for any service, including transportation, or other thing of value provided to a participant participating in a gaming junket except as authorized by this part.

CHAPTER 17 GAMING SCHOOLS

Sec. 1701. Curriculum. 1701.1. (Reserved). 1702. Gaming school gaming equipment. § 1701. Curriculum.

The Department of Labor and Industry, in consultation with the Department of Education and the board, shall, within 60 days following the effective date of this section, develop curriculum guidelines, including minimum proficiency requirements established by the board, for gaming school instruction. The guidelines shall, at a minimum, establish courses of instruction that will provide individuals with adequate job training necessary to obtain employment as a gaming employee with a licensed gaming entity. § 1701.1. (Reserved). § 1702. Gaming school gaming equipment.

(a) Use of gaming equipment.–All gaming equipment utilized by a gaming school, including slot machines, table game devices, associated equipment and all representations of value, shall be used for training, instructional and practice purposes only. The use of any such gaming equipment for actual gaming by any person is prohibited.

(b) Chips.–Unless the board otherwise determines, all gaming chips and other representations of value utilized by a gaming school shall be distinctly dissimilar to any chips utilized by a slot machine licensee.

(c) Possession, removal and transport of equipment.–No gaming school shall possess, remove or transport, or cause to be removed or transported, any slot machine, table game device or associated equipment except in accordance with this part.

(d) Serial numbers.–Each slot machine, table game device and associated equipment on the premises of a gaming school shall have permanently affixed on it a serial number which, together with the location of the machine or table game device, shall be filed with the board.

(e) Security.–Each gaming school shall provide adequate security for the slot machines, table games, table game devices and associated equipment on the gaming school premises.

(f) Notice to board and bureau.–No gaming school shall sell or transfer any slot machine, table game, table game device or associated equipment except upon prior written notice to the board and the bureau.

(g) Additional training.–Each individual attending gaming school shall be trained in cardiopulmonary resuscitation.

Section 18.3. Section 1901(a) of Title 4 is amended to read: § 1901. Appropriations.

(a) Appropriation to board.– (1) The sum of $7,500,000 is hereby appropriated to the

Pennsylvania Gaming Control Board for the fiscal period July 1, 2004, to June 30, 2006, to implement and administer the provisions of this part. The money appropriated in this subsection shall be considered a loan from the General Fund and shall be

repaid to the General Fund quarterly commencing with the date slot machine licensees begin operating slot machines under this part. This appropriation shall be a two-year appropriation and shall not lapse until June 30, 2006.

(2) The sum of $2,100,000 is hereby appropriated from the State Gaming Fund to the Pennsylvania Gaming Control Board for salaries, wages and all necessary expenses for the proper operation and administration of the Pennsylvania Gaming Control Board for the expansion of gaming associated with table games. This appropriation shall be a supplemental appropriation for fiscal year 2009-2010 and shall be in addition to the appropriation contained in the act of August 19, 2009 (P.L. , No.9A), known as the Gaming Control Appropriation Act of 2009. * * * Section 18.4. Section 1513(b) of Title 64 is amended to read:

§ 1513. Powers. * * * (b) Duties.–The authority shall do all of the following:

(1) Administer the programs established in Subchapter E in accordance with this chapter.

(2) Fund the programs established in Subchapter E and 12 Pa.C.S. Ch. 29 (relating to machinery and equipment loans) subject to Subchapter D (relating to funds, accounts, indebtedness and use).

(3) Establish accounts, administer and distribute the funds deposited into such accounts and perform all other duties required of the authority under 4 Pa.C.S. Part II (relating to gaming). Section 19. No later than 90 days after the effective date of this

section, the Pennsylvania Gaming Control Board shall transfer the sum of $12,500,000 from the amounts previously appropriated to the Pennsylvania Gaming Control Board pursuant to 4 Pa.C.S. § 1408 to the General Fund.

Section 19.1. No later than ten business days after the effective date of this section, the Department of Revenue shall pay to each Category 1 and Category 2 slot machine licensee from its existing account established under 4 Pa.C.S. § 1401(a) an amount sufficient to bring the balance in the account to $1,500,000.

Section 19.2. (Reserved). Section 19.3. The provisions of this act are severable. If any

provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

Section 19.4. The amendment of 4 Pa.C.S. § 1201(h)(13) shall not apply to individuals employed on the effective date of this section by the Pennsylvania Gaming Control Board until July 1, 2010.

Section 19.5. Repeals are as follows: (1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment or addition of 4 Pa.C.S. § 1407(d)(7) and (d.1) and 64 Pa.C.S. § 1513(b)(3).

(2) The following provisions of the act of July 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007, are repealed to the extent specified:

(i) Section 3(2)(i)(G), absolutely. (ii) Section 4(7), absolutely. (iii) Section 5, insofar as inconsistent with this

act. Section 20. The following shall apply:

(1) The amendment of 4 Pa.C.S. § 1213 shall not apply to any of the following:

(i) An application submitted before the effective date of this section.

(ii) Any license or permit issued prior to the effective date of this section.


(iii) The renewal of any license or permit issued or applied for prior to the effective date of this section. (2) The amendment of 4 Pa.C.S. § 1202(a)(2) and the

addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an individual:

(i) who, on July 1, 2009, was serving officially or acting as Executive Director of the Pennsylvania Gaming Control Board, Chief Counsel of the board, or the Director of the Office of Enforcement Counsel within the Bureau of Investigations and Enforcement; and

(ii) on whom the bureau or the Pennsylvania State Police completed a background investigation as a condition of employment with the board. (3) The amendment or addition of 4 Pa.C.S. §

1201(h)(4.1) and (5) shall not apply to: (i) an individual appointed to the Pennsylvania

Gaming Control Board before July 1, 2010; or (ii) an individual under subparagraph (i) who is

reappointed to the Pennsylvania Gaming Control Board. Section 21. This act shall take effect as follows:

(1) The following provisions shall take effect July 1, 2010:

(i) The amendment of 4 Pa.C.S. § 1407. (ii) Section 19.5 of this act.

(2) The remainder of this act shall take effect immediately.

On the question, Will the House agree to the amendment? The SPEAKER. On the question, the Chair recognizes the gentleman from Berks County, Representative Santoni. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, this is an omnibus amendment that deals with a lot of the issues that we have been talking about. Our Gaming Oversight Committee held several hearings on both the reform provision and the table games legislation. The Senate committee that oversees this area also had numerous committee hearings. So what this amendment does, basically, is puts the reforms that were in the Civera amendment, that many of our members on the other side of the aisle voted for, and includes the language that will put table games at our casinos throughout the Commonwealth, which will create thousands of jobs, estimated at between six and eight thousand additional jobs, economic development for our communities, and an opportunity for us to raise the revenue that we talked about back during the budget season to help close that General Fund hole and help provide the funds to vote for those nonpreferreds that we are so interested in voting right away. So, Mr. Speaker, I ask the members, both sides of the aisle, to support amendment 05012 to SB 711. Thank you, Mr. Speaker. The SPEAKER. On the amendment, the Chair recognizes the gentleman from Allegheny County, Representative Maher. Mr. MAHER. Thank you, Mr. Speaker. This amendment is a long amendment that I think became available to the members to actually see for the first time this morning. It is what is often referred to as a gut-and-replace amendment in that it takes the entirety of SB 711 that was carefully worked together by votes of this chamber in the first week of October and it throws that all away and offers this language instead. I would like to ask the maker of the amendment to provide an analysis of what are the variances between 5012 and SB 711 as it stands. It strikes me that there

are an enormous number of changes, but it has only been in print a brief time. Can the gentleman provide that analysis? The SPEAKER. Is the gentleman requesting interrogation of the gentleman, Mr. Santoni? Mr. MAHER. Yes, Mr. Speaker. The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman is in order and may proceed. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, this amendment was posted Thursday evening, available for inspection by all members. We had a thorough caucus today talking about the differences. So there is information available for the gentleman from Allegheny, and I would be glad to provide that to him, Mr. Speaker. Mr. MAHER. Mr. Speaker, I would like to actually seek an answer to my question, which is, could the gentleman provide the members of this chamber and the public an analysis of what the differences are between SB 711 as it stands and how it would be if this amendment were adopted? I would also note, Mr. Speaker, that the certificate was filed for this amendment on Thursday at the end of the day. The certificate simply said a gut-and-replace amendment. You can read those words in a second, but the amendment itself, it was not. So please, just provide an analysis. I am not looking to pick it all apart, believe it or not. I am just interested in making sure people understand how this is different than the bill this House passed on second consideration back on October the 6th. The SPEAKER. The gentleman, Mr. Santoni, is in order. Mr. SANTONI. Mr. Speaker, I am not trying to be difficult. This amendment was posted on Thursday evening and available for the gentleman and his staff to provide him with the information he needs and for his caucus to discuss it in their respective caucuses. There are many differences, good reforms, that we talked about during our committee process and during our debate back in October and today, and also the legislative language that goes in to institute slot – I am sorry; correction – table games at our casinos throughout Pennsylvania. If the gentleman has a specific question, I will be glad to try to address it. I do not know that it is appropriate for me to read from top to bottom the summary that was provided to our members and we have had a chance to look at. I would suggest the gentleman inquire with his committee staff, Gaming Oversight Committee staff, or leadership staff, to deal with getting a summary on the bill, Mr. Speaker. Thank you. Mr. MAHER. Thank you, Mr. Speaker. It always intrigues me when folks will go to a great length not— The SPEAKER. The gentleman, Mr. Maher, are you interrogating or on the amendment? Mr. MAHER. Yes, I am interrogating. The SPEAKER. Interrogating? Mr. MAHER. Yes, sir. —when people will go to a great length to not answer a straightforward question. Let me try another straightforward question. When this House last was in session – that is, the last time my Democratic colleagues appeared for session – it was Wednesday evening, and Wednesday evening I heard the majority leader say in a variety of fashions that that was the night that he wanted a vote on all the amendments on second consideration for the second time of this bill. Can the man who is offering me this amendment explain how it would even be


conceivable that an amendment that was not even certificated till Thursday could have been voted on the preceding Wednesday? The SPEAKER. The gentleman is in order and may proceed. Representative Santoni. Mr. SANTONI. I am not trying to be difficult, Mr. Speaker. It is a very comprehensive bill, and I will give you some of the highlights, and maybe the gentleman will be satisfied. If he is not, please let me know and we will try to provide more information to him. Mr. MAHER. Well, Mr. Speaker, the question I have for you at the moment is, how could it have been possible last Wednesday night for this chamber to have voted on an amendment which was not even certificated until Thursday, that no one in the entire world, except for perhaps behind the closed doors of your caucus, had seen anything, but we were expected to vote on it last Wednesday? How was that even possible? Mr. SANTONI. Is the gentleman asking me his original question about some of the highlights of the amendment? I will be glad to address it. Mr. MAHER. I had actually surrendered and given up on having a real response, so I had moved on to another question, and I will repeat it again. Last Wednesday— The SPEAKER. The gentleman will yield. The House will come to order. Members will please take their seats. The gentleman, Mr. Maher, will state his question. Mr. MAHER. Thank you, Mr. Speaker. Last Wednesday the members of this chamber heard repeatedly from your leader that he wanted SB 711 and its amendments to be considered and disposed of last Wednesday. What I am asking is, since your gut-and-replace amendment was not even put in in the one-sentence version of this many-page amendment until Thursday, how would it have been possible for this chamber to consider on Wednesday an amendment which apparently did not even exist until Thursday? Mr. SANTONI. Mr. Speaker, the amendment that we were going to vote last Wednesday was slightly different with a couple changes, very small changes. Number one, it reduced the amount of category 3 licenses, additional category 3 licenses, from two to one; did not open up the application process; and changed the definition of "felony." Mr. MAHER. And the version that you have before us today, what does it do with the category 3 licenses? Does it open that up? Mr. SANTONI. It does not open it up. It allows for one additional. Mr. MAHER. So instead of there being two category 3 licenses, there would be three. Mr. SANTONI. That is correct. Mr. MAHER. Now, the Race Horse Development and Gaming Act that provides statutory authority for slot machines to exist at all in this Commonwealth includes this fabulous money back guarantee – fabulous if you are a casino – that if the number of slot machines is expanded or a variety of other changes were to happen in the law, that the Commonwealth would need to refund the $50 million license fees paid up front by those casinos. So this adding one category 3 license as an expansion of the number of slot machines or slot licensees, it would seem to have a price tag in the neighborhood of $600 million. Does your

fiscal note contemplate the refund of $600 million to the existing slot licensees? And have they sent you a thank-you note yet? Mr. SANTONI. I did not hear the end of that comment, Mr. Speaker, but let me address his concern about the return of the $50 million licensing fee. We do talk about it in the amendment. What the language in the amendment says, it establishes the end date for the return of the full $50 million slot machine license fee to be within 5 years of the date established by the Pennsylvania Gaming Control Board as the deadline for the initial submission of applications for a slot machine license. It clarifies that increasing the number of category 1 and category 2 licensed facilities could trigger the return of the $50 million slot machine license fee. Point three, each category 1 and category 2 slot machine license that would petition the Pennsylvania Gaming Control Board for a table game operation certificate would have to include in the petition a waiver of the right to seek a return of the slot machine license fee. The Pennsylvania Gaming Control Board would be required to impose a condition on the table game operation certificate that the slot machine licensee could not seek return of the $50 million license fee. It also clarifies that if the $50 million license fee would be returned to any slot machine licensee, it must be returned to all licensees. If the slot machine licensee fee would be returned because of an amendment to the slot machine law, the Pennsylvania Gaming Control Board would be required within 10 days of such return to impose an additional licensing fee on all category 1 and category 2 slot machine license fees in an amount equal to the amount of the license fee required to be returned. Each category 1 and category 2 slot machine licensee would be required to pay the additional fee within 2 business days following the return of the initial fee. Mr. Speaker, we believe that that language helps to protect for the return of the $50 million licensing fee that the gentleman is concerned about. Thank you, Mr. Speaker. Mr. MAHER. Thank you, Mr. Speaker. So if I understood what you just said correctly, if one of our licensees that is operating slot machines right now is, let us say, not doing so well. Let us say they went through already economic turmoil, or let us say they have not even built yet or have not opened their doors yet, and if that licensee were to decide, frankly, they would rather have their $50 million back, well, of course, they would not sign such a waiver. And if one of the licensees chooses to get their $50 million back— The SPEAKER. Will the gentleman yield. Mr. MAHER. —the gaming— The SPEAKER. The gentleman will yield. The House will come to order. The members have a right to be heard. The gentleman, Mr. Santoni, cannot hear the questions. Mr. MAHER. Thank you, Mr. Speaker. If I understood the gentleman, Mr. Santoni's response, the expected Band-Aid to the debt of $600-plus million to the casino owners that would be triggered by this amendment would be requiring that the casinos sign a waiver of their rights in that regard in order to get a table games license. If I understood the gentleman further, if one casino chooses to take the $50 million and run, then all casinos must have their fees refunded. Did I understand that?


Mr. SANTONI. The answer to his question is yes, but I think I addressed the issue very clearly in my comments as to why we want to protect the Commonwealth and protect the taxpayers so we do not have to return that money. Mr. MAHER. Thank you, Mr. Speaker. Now, so is it further correct that if a casino, let us say, one that has a license but has not yet opened, perhaps has not even broken ground, or if another one that has already gone through a couple of owners and the grapevine says is not really doing very well, if either of those kinds of casinos would opt to get their $50 million back and call it a day, then Pennsylvania would have to return more than $600 million immediately. Is that correct? Mr. SANTONI. We think that the language is appropriate and protects the taxpayers, Mr. Speaker. I answered that. I will keep saying the same answer if he keeps asking me the same question. Mr. MAHER. I am just making sure I understood the provision that you described. Did I understand? That is really it. Is that the trigger mechanism? Mr. SANTONI. I am sorry. I missed the question, Mr. Speaker. Mr. MAHER. I am simply wanting to be certain that I understand that with the language that is in this amendment, the trigger mechanism for refunding to all would be one declining the waiver and asking for their money back. Mr. SANTONI. The money would have to be returned, Mr. Speaker, but in the language of the amendment, the Gaming Control Board would require a fee equal to that amount to be given back to be paid within 2 days. Mr. MAHER. So in your mind, imposing new fees or new conditions on licenses at this point, absent the consent of the other party, you do not think that is interfering with an existing contract? Mr. SANTONI. No, sir. Mr. MAHER. Thank you. A while back, in fact, about 40 minutes ago, this House overwhelmingly adopted an amendment by Mr. Bradford that would ensure that funds from expanded gaming would go towards property tax relief. One hundred and eighty one of us just voted for this proposal, that these funds, after 2012, should be dedicated to property tax relief. Does your amendment leave this important promise to the people of Pennsylvania intact or does it erase it? The SPEAKER. The gentleman, Mr. Santoni. Mr. SANTONI. I am sorry. What the amendment does, Mr. Speaker, is when the economy gets back on its feet, when the Obama recovery is in full-fledged operation, when the money that goes into the Rainy Day Fund exceeds $750 million, that money automatically – there is a trigger mechanism, Mr. Speaker – that that money automatically goes into the Property Tax Relief Fund. We are very supportive of property tax relief. The gentleman that offered the amendment had it passed overwhelming and we supported it, and we believe that the language in my amendment will help address that property tax issue. As I said, once the Rainy Day Fund, once the economy gets better and the Rainy Day Fund reaches $750 million, Mr. Speaker, the rest of that money is going to go into our Property Tax Relief Fund. Mr. MAHER. So, Mr. Speaker, if I am understanding correctly, your amendment strikes, strikes Mr. Bradford's

proposal that was just adopted with 181 "yes" votes to guarantee that after 2012 all money from gaming expansion goes to property tax relief? Mr. SANTONI. We have a trigger mechanism in my amendment, and all amendments that passed would be superseded by my amendment, and we believe that we addressed the property tax issue very well. Mr. MAHER. Thank you, Mr. Speaker. That concludes my interrogation. The SPEAKER. Does the gentleman wish to be recognized on the amendment? Mr. MAHER. Yes, sir. The SPEAKER. The gentleman is in order and may proceed. Mr. MAHER. When the Race Horse Development and Gaming Act was passed 5 years ago, it was with a promise of property tax relief. This amendment defies that promise. This amendment says that the money from gaming, not just from table games, but you have to expect the money from slots will be adversely affected when there are more choices. So money that would have gone to property tax relief will now be coming into the General Fund to the Commonwealth. My Democratic friend seems to offer the proposition that as long as he does not spend it, as long as they leave $750 million lying around, well, then, property tax payers will be remembered. Well, that is just not good enough, and I think that is why 181 of us voted to guarantee that the proceeds from any gaming expansion be dedicated to property tax relief instead of just being another source for the voracious appetite that some have for government spending. We are told that the hurry to do table games is because of a pressing budgetary need. We are told that the Governor is looking for in the neighborhood of $200 million to spend this year for the enactment of table games legislation, but because this amendment would breach the promises that were made at the inception of gaming licenses in Pennsylvania, it is quite predictable that more than $600 million will need to be refunded immediately. The notion that a party who is adverse to a unilateral change in an agreement can be compelled to embrace that agreement, well, that is just unconstitutional. The courts will sort it out. I will not ask us to do a constitutionality vote, but I guarantee you, the Treasury is going to be writing checks, and where does that money come from? Well, that money is going to come out of the Property Tax Relief Fund. So what you are voting for with Santoni's amendment here is you are voting for an increase in property taxes that will wind up on your constituents' school tax bills next July. What wonderful timing to impose legislatively a property tax hike on your constituents. It is terrible. You know, I think you know better. I hope you will do better. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Philadelphia County, Representative Thomas. Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, may I interrogate the author of the amendment? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Thomas, is in order and may proceed. Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, on October the 2d, there was an omnibus amendment, A3989, that was voted out of the Gaming Oversight Committee by a vote of 14 to 11. Is that correct?


Mr. SANTONI. I believe you are right. I do not know the exact date, but I will take your word for it, Mr. Speaker. Mr. THOMAS. Thank you, Mr. Speaker. Now, Mr. Speaker, the record seems to indicate that on October the 4th; October the 5th; October the 7th; October the 8th, October the 8th; December the 10th; December the 11th, and also on December the 11th, there were nine subsequent amendments filed to SB 711 which carry your name. Is that correct? Mr. SANTONI. I believe that is probably about right, Mr. Speaker. I did not count the amendments. I will take your word for it. Mr. THOMAS. Mr. Speaker, did any one of those nine amendments come through the Gaming Oversight Committee? Mr. SANTONI. As you know, as a member of the committee, the answer is no. Mr. THOMAS. Mr. Speaker, is there a big difference between amendment 3989, which was voted on by the Oversight Committee on October the 2d, and the subsequent nine amendments? Mr. SANTONI. I would not say a big difference. No, Mr. Speaker. Mr. THOMAS. Mr. Speaker, where would you identify the differences, if any? Mr. SANTONI. Well, the tax rate, the licensing fee, and some of the issues related to the category 3 licenses and the local share issue also. Mr. THOMAS. Mr. Speaker, let us talk about the tax fee for a minute. Is there a particular rationale why in Philadelphia County the tax rate on casinos starts out at 14 percent but goes to 11 percent in 2011? Mr. SANTONI. It goes from 14 to 12, and, Mr. Speaker, the negotiation process that has gone on around here, with all four caucuses involved, got us to the point that we are right now. As you know, we passed an amendment that would have instituted a 34-percent tax rate. The Senate wanted something much, much, much lower. So you have been here long enough to realize that negotiations go on, and that is how we came up with the rates that are currently in amendment 5012, which is 14 percent to start off and then 12 percent, July 1, 2011. Mr. THOMAS. Mr. Speaker, was Senator Michael Stack, Senator Larry Farnese, Representative Michael O'Brien, Representative William Keller, Representative Babette Josephs, or Representative Thomas consulted in this negotiation, which are all the Senators and Reps which represent the impacted area in Philadelphia County? Were any of them in these meetings? Mr. SANTONI. I cannot say about the Senators that you mentioned. I did talk to a number of the members that you mentioned. Some are on the Gaming Oversight Committee. I tried my very best to keep them informed. So I think the answer to your question is, on the Senate, no; on the House, I believe they were aware of that rate. Mr. THOMAS. Mr. Speaker, did we have any conversations about this change? Mr. SANTONI. You and I in particular? Mr. THOMAS. Yes. Mr. SANTONI. I do not recall. No, I do not believe I ever did. Mr. THOMAS. Mr. Speaker— Mr. SANTONI. You had every opportunity to inquire. The bill has been out there. You are a member of the committee. It is

not like we were trying to hide this, obviously. It has been talked about in all the papers. You should have read about it. Mr. THOMAS. Mr. Speaker, were any of the residents of Northern Liberties, Fishtown, Kensington, Old City, Center City, Society Hill, North Philadelphia, Ludlow, were any of those residents of any of those communities consulted about a drop in the tax from 14 percent to 12 percent in Philadelphia County in 2011? Mr. SANTONI. It is the duty of their elected Representative to let them know what is in the legislation that is presented to them and they are to represent them here. The people of the 126th Legislative District, northeast and northwest Reading, and the suburban areas north and east of the city were told about it by their Representative, who happened to be me. Mr. THOMAS. Mr. Speaker, I totally agree with you that it is the duty of their elected Representatives to keep them informed, but, Mr. Speaker, maybe you can answer this next question. On Wednesday of last week, when I left here I filed an amendment to SB 711, to the original omnibus amendment, which reflected the concerns of my constituents and constituents around the impacted area, which asked that we remove the drop in the tax on casinos from 14 to 12 percent. So I informed my constituents, the constituents around my district, but, Mr. Speaker, between Wednesday of last week and this week, I was here all day Thursday and there was no posting or visible posting of this amendment. I see where it was filed, but there was no visible posting of this amendment between Thursday evening when I left here at 9 p.m. and the day when I arrived at 11:30. So my constituents have not had a chance to respond to this amendment. Mr. SANTONI. Mr. Speaker— Mr. THOMAS. Mr. Speaker, would you agree that my amendment is now out of order because the amendment number has changed? The SPEAKER. The gentleman will yield. That is not a question for the gentleman, Mr. Santoni, but it is a question that you could direct as a parliamentary inquiry to the Chair. Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, continuing my questioning of the Speaker. Thank you for your answer on the tax fee situation. I did inform my constituents, but things changed overnight, and I understand you did not have anything to do with that. But let us talk about the abatement issue. Mr. Speaker, why are we providing an agreement in lieu of abatement of taxes for the two casinos in Philadelphia County? Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, current law provides for the city of Philadelphia to do exactly what you are talking about. So that is a local issue and, obviously, a lawful one. Mr. THOMAS. But, Mr. Speaker, please direct my attention; is there a particular part or section of current law where Philadelphia County is able to negotiate an agreement in lieu of the payment of property taxes for any residents of Philadelphia County? Mr. SANTONI. Mr. Speaker, we say that the city cannot enter into a tax abatement agreement unless we give them the authority to do so. Mr. THOMAS. But, Mr. Speaker, I do not know of any – and that is why I asked if you would direct me to what part of current law – I know of no current law that would allow me to enter into an agreement with the city of Philadelphia in lieu of


my responsibility to pay property taxes. So if you can direct me to where that is in current law, I will pursue it immediately. Mr. SANTONI. Okay. Under the Local Economic Revitalization Tax Assistance Act, LERTA – I do not know if you want me to read the whole thing; I will read a substantial part of it; maybe this will clarify your concern – "LERTA is a current State law enacted in 1977 that allows local taxing authorities to provide, inter alia, real estate tax relief for new construction on commercial and other business property in deteriorated areas of economically depressed communities. LERTA requires that in order to do so a local taxing authority (including a local taxing authority in a city of the first class)" – Philadelphia – "must adopt an ordinance or resolution designating areas within the jurisdiction of the local taxing authority as deteriorated areas. In 1978, following a public hearing held shortly after LERTA was enacted into Pennsylvania law, the City of Philadelphia adopted an ordinance pursuant to the authority granted the City under LERTA and declared that all the wards of the City contain 'deteriorated areas' as defined in LERTA and made all real property in all the wards eligible for tax exemption under LERTA. Section 19-1303(3) of The Philadelphia Code entitled 'Authorization to Offer Exemptions from Real Estate Taxes on Improvements to Deteriorated Industrial, Commercial or Other Business Properties' is current law. In applicable part, Section 19-1303(3) provides that any new construction on any property in any ward in the City is eligible for exemption from real estate taxes based on the increase in assessed value attributable to the new construction. The City Code provides that the City Department of Licenses and Inspections shall notify the property owner in writing of the exemption when the property owner applies for a building permit. The property owner must, within 60 days of the issuance of the building permit file the required forms with the Board of Revision of Taxes. Provided the property owner is not indebted to the City for delinquent taxes, charges, fees, rents or claims an exemption shall be granted by the City Board of Revision of Taxes and the exemption lasts for 10 years provided the person seeking the exemption annually files a certificate of continuing use." What my amendment would do is it would amend section 1305 of the Pennsylvania Race Horse Development and Gaming Act to add a paragraph dealing with the application of LERTA to licensed facilities located in the city of the first class. Mr. THOMAS. Mr. Speaker? Mr. Speaker, I humbly thank you for that information, and I was somewhat familiar with that information, but I guess where I had a problem, the information that you shared and the information I understand requires the pulling of a building permit. That condition does not apply until the owner of the land goes and pulls a building permit, and to the best of my knowledge, neither SugarHouse nor Foxwoods has requested a building permit. Mr. SANTONI. Did you have a question in there, Mr. Thomas? Mr. THOMAS. Yeah. My question is, why are we providing for something that does not exist? Until I pull a building permit, there is no application of this law to me or to Foxwoods or to SugarHouse. Mr. SANTONI. Mr. Speaker, under this act that I was reading, the city is allowed to give a tax abatement. What my amendment does is says that they cannot, unless we say it is okay. So I think we are protecting your concerns more so than if we let that language go the way it is written.

Mr. THOMAS. But, Mr. Speaker, I appreciate your sharing the existing law with me. The second part of my concern runs to, you mentioned in your review of the law that the land must be in a deteriorated state. Mr. SANTONI. Correct. Mr. THOMAS. There has been no declaration of that with respect to either site in Philadelphia County. Mr. SANTONI. It says, well, I think I read that – I am trying to get back to the wording – but that the city— Give me one second. "In 1978, following a public hearing held shortly after…" this law "…was enacted into Pennsylvania law, the City of Philadelphia adopted an ordinance pursuant to the authority granted the City under LERTA and declared that all the wards of the City contain 'deteriorated areas' as defined in LERTA and made all real property in all the wards eligible for tax exemption under LERTA." Mr. THOMAS. But, Mr. Speaker, I am familiar with that ordinance, but that ordinance had some specificity as to those areas throughout the city that would be subjected to a declaration of deterioration, but you gave me what I asked for and that is existing law, and I thank you for that. But as you can see, because a building permit has not been pulled, because there has not been any specific declaration of the land in question as being in a deteriorated state, there is some question as to why we are providing for something that is not ripe for review yet, that the situation is not ripe for the application of your amendment, but let us go on. Mr. Speaker— The SPEAKER. Does the gentleman wish to end his interrogation and speak on the amendment? Mr. THOMAS. No, Mr. Speaker. I have additional questions. The SPEAKER. The gentleman is in order. Mr. THOMAS. Mr. Speaker, are you aware of the fact that there was a subsequent ordinance which took away the declaration of deterioration from these two areas? Mr. SANTONI. I am sorry. You said that there was a subsequent ordinance that did what? Mr. THOMAS. That removed the declaration of deterioration from these two designated areas, so that the subsequent ordinance removed the ordinance which you referred to where there was such a declaration. Mr. SANTONI. I am not aware of that, Mr. Speaker, but it really does not affect— Mr. THOMAS. Mr. Speaker, here it is, February 7 of 2008. Mr. SANTONI. But I do not think it has any relationship to the amendment. Mr. THOMAS. Well, Mr. Speaker, only to this extent: One, it is no longer blighted land; two, a building permit has not been pulled. Therefore, we are getting ready to provide for something in law which is not ripe for consideration. There is no need for this part of your amendment. The SPEAKER. The gentleman, Mr. Thomas, that is a subject for— You are not interrogating; you are debating the confines of the amendment. Do you want to be recognized? Mr. THOMAS. My last question, Mr. Speaker. Is there any particular reason why the amendment that I filed on Wednesday of last week is now out of order? The SPEAKER. The gentleman, Mr. Thomas, that would be a question you would have to direct as a point of parliamentary inquiry to the Chair. Mr. THOMAS. Thank you, Mr. Speaker.


Mr. Speaker, I have concluded my interrogation of the Speaker and I would like to speak on the amendment. The SPEAKER. The gentleman is in order and may proceed. Mr. THOMAS. Thank you, Mr. Speaker. Mr. Speaker, this is my first term on Gaming Oversight and this is my first opportunity to interact closely with the chairman of the Gaming Oversight Committee, and, Mr. Speaker, things have been going well. This conversation about table games started back in July. The chairman immediately moved to schedule public hearings, to schedule small conversations so that the committee would be very much aware of what was involved with table games. And, Mr. Speaker, his transparency and accountability was so overwhelming until I voted for table games to come out of committee. And he will tell you that I was very suspicious, but he did an excellent job in holding public hearings, in having conversations, in reaching a consensus, a consensus around table games. But, Mr. Speaker, here is where the world begins to fall apart for the people of Pennsylvania, because we had a tough vote. We came out of committee with a consensus. We talked with Senate Democrats and Senate Republicans. I talked to Senator Tomlinson on two occasions. We talked with Senate Democrats. We had an understanding of what it was we wanted to achieve through table games. But, Mr. Speaker, since July 9 and since October the 2d, when amendment 3989— And the reason that it was an amendment is because SB 711 came over as a reform bill. Senator Tomlinson, as he mentioned to me on several occasions, he had an interest in just doing table games, providing for table games in Pennsylvania. So, Mr. Speaker, the amendment was really drawn up, designed, to address both reform and address the issue of table games, and I thought that Chairman Santoni did an excellent job with his amendment, 3989, but since that time, Mr. Speaker, nine different amendments have been filed, nine different amendments have been filed. As it has been asked of me on a number of occasions, I left here last week, I called, met several of my ward leaders, I called community leaders, and I talked to people, Mr. Speaker, and I asked them about this whole issue of table games and gaming reform. And, Mr. Speaker, the amendment that I filed last week – and I did not leave Harrisburg until quarter of 2 in the morning, and then I was right back here for Thursday because I had a hearing and some other things to do. The SPEAKER. The gentleman, Mr. Thomas, will yield. Mr. THOMAS. But on the amendment, Mr. Speaker— The SPEAKER. On the amendment. Mr. THOMAS. —I filed an amendment to SB 711 on Wednesday, which if amendment 5012 passes, then my amendment is out of order, the concerns of my constituents are out of order, the concerns of the leadership around the two areas in Philadelphia County are out of order. So, Mr. Speaker, I cannot, I cannot in good conscience advocate for the passage of amendment 5012 because it is the ninth amendment in a long line of amendments that has changed the direction of what we voted out of the Gaming Oversight Committee. None of these nine amendments, including 5012, ever came to the attention of the Gaming Oversight Committee, ever came to the attention of members of the Gaming Oversight Committee who are standing to raise concerns about special provisions in the amendment dealing with Philadelphia County. I think at a minimum

Representative Keller, Representative O'Brien, and myself should have a consensus on what is in 5012 since it changes what we voted on back on October the 2d. Mr. Speaker, the people demand that we be honest, that we be open, and that we do not play games, regardless of what is at stake. I know that there is a budget process that we must conclude. I respect that. I want the State-relateds to get their funding. I want whatever outstanding issues of the 101-day-old budget to get resolved, but not at the expense of trickery, not at the expense of trickery, and I hesitated before I used that term because words have meaning, but I cannot explain to the people in my district how we went from the bill that came out of committee to nine different changes, which to some degree might have some similarity, but they are different, they are different. And this one amendment, the granddaddy of them all, served to close the door, exclude, deny, defer, and just say no to any and other opinions about this issue of table games. If we vote for amendment 5012 and you have any concerns about what is in the amendment and you have tried to reflect those concerns through a process that has been shared with all of us, then you will be voting to say "no" to those concerns. You will be voting to say it is okay for you to work hard, but if you are not clever while you are working hard, then you will not have your day to voice your concerns. Your constituents will not have an opportunity to advance their concerns because you have to be clever along with working hard. And so, Mr. Speaker, the amendment might be a good amendment, but the way it got here, the way it got here raises a lot of questions. It is almost like the poisonous tree doctrine. A branch might be infected, but unless you remove the root, the whole tree is infected. And the way this got here has just destroyed all of the good things that we as the members of the Gaming Oversight Committee tried to achieve back on October the 2d. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Montgomery County, Representative Vereb. Mr. VEREB. Thank you, Mr. Speaker. I would like to interrogate the maker, please. The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Vereb, is in order and may proceed. Mr. VEREB. Thank you, Mr. Speaker. I will do my best not to be redundant. To the gentleman from Philadelphia, I have some similar concerns. We are talking about the Foxwoods license. It is my understanding that in this amendment, there has been added language to extend the deadline that was established by the Gaming Board. Is that correct? Mr. SANTONI. That is correct. Mr. VEREB. So are we now in a position to legislate over the authority of the Gaming Board with this amendment, Mr. Speaker? Mr. SANTONI. I am sorry. I apologize. Could you repeat that question, Mr. Speaker? Mr. VEREB. The latest deadline that has been announced by the Gaming Board by Foxwoods to have their paperwork in, does this amendment provide for an extension of that deadline that was established by the Gaming Board?


Mr. SANTONI. It is at the discretion of the Pennsylvania Gaming Control Board, and it extends the time not just for Foxwoods but for the facility out in the western part of the State, in Lawrence County. Mr. VEREB. Mr. Speaker, does the Gaming Board not have the current authority to extend the deadline that they set under current statute? Mr. SANTONI. Only for an additional 24 months. Mr. VEREB. So the deadline, it is somewhere around Thanksgiving, I believe, not to be specific on the date, so currently the Gaming Board can extend up to 24 months from that date a few weeks ago, putting us in 2 years from that date. Is that correct? Mr. SANTONI. The date you are referring to is what date, Mr. Speaker? Mr. VEREB. I actually do not have the exact date, Mr. Speaker, but it was a few weeks ago. There was a deadline in which Foxwoods had to file paperwork. I think now it is up to the board whether or not they will grant them that extension. Mr. SANTONI. I do not believe you are talking about the same issue. Mr. VEREB. Okay. Mr. Speaker, what deadline will your amendment extend for Foxwoods? Mr. SANTONI. It would give the board the authority to extend— I am sorry. It would give the Pennsylvania Gaming Control Board the authority to extend the time period to implement 1500 slots. Mr. VEREB. Mr. Speaker, is it not the same deadline— Not to get stuck on too much detail, but I mean, obviously Foxwoods has not opened. Is it not the same deadline that we are talking about? I mean, obviously, they cannot put slots in now. They do not have a building. It is an abandoned piece of property on the riverfront. Are we not talking about the same deadline? Mr. SANTONI. The deadline I believe you are talking about had to do with the design of the facility. The deadline that we are talking about that gives the Gaming Control Board that extension is related to the slot machines. Mr. VEREB. Okay. But do they not need to reach the design stage to be able to reach the stage that you are talking about, Mr. Speaker? Mr. SANTONI. They certainly would need to design the facility before they would build it. Yes, I would agree with that. Mr. VEREB. Okay. Under current statute, Mr. Speaker, if they were to have met their design stage, and in fact they have not met it, what currently can the Gaming Board extend the date till, Mr. Speaker? Mr. SANTONI. There is no statutory timeframe for any kind of design change. Mr. VEREB. I am confused, Mr. Speaker. What date are we changing then under your legislation? Mr. SANTONI. The date related to when they can have the minimum number of slot machines up and running. Mr. VEREB. Okay. The original award of license, is your amendment offering a deadline for more slot machines than the original award or is it the same number, Mr. Speaker? Mr. SANTONI. Could you repeat the question, please? Mr. VEREB. Yes. Under the original award of the Gaming Board – maybe counsel knows – I am not sure how many machines they were allowed to have under the original award. Does your amendment give the opportunity to the Gaming Board to extend the deadline? Are there more machines

allowable under your amendment at that location, or are we simply expanding the deadline to an infinite time under the discretion of the Gaming Board for them to open with the original license, the amount of machines? Mr. SANTONI. Mr. Speaker, my amendment does not address the issue you are discussing. Mr. VEREB. Mr. Speaker, when a license is issued by the Gaming Control Board, if I received a license today, how long do I have to open that facility? Mr. SANTONI. Twelve months from when your license is issued. Mr. VEREB. Mr. Speaker, are you aware of the date of when Foxwoods was issued their license? Mr. SANTONI. No, I am not. Mr. VEREB. Mr. Speaker, is there anyone that could be of assistance with that date? Mr. Speaker, just for clarification, I am just trying to understand what we are extending. I do not want to misrepresent the original date of design versus some of these other dates that the Gaming Board has put in. Mr. SANTONI. My understanding is that the license was issued somewhere in the summer of 2009. Mr. VEREB. Okay. If that timeline, that general timeline is correct, then the summer of 2010, if Foxwoods is not open, then they lose their license under current statute? Mr. SANTONI. The answer to your question is, the board has the authority to extend the time. Mr. VEREB. Okay. Then, Mr. Speaker, why are we doing this language in that bill if they already have the authority to expand that time? I know that you said that your bill gives them that authority to expand it. Do they currently have the authority or your amendment gives them authority to extend past the 12 months from the date of award? Mr. SANTONI. The board has the authority to give 24 months, and my amendment would increase it another year. Mr. VEREB. So if your amendment goes into law, Mr. Speaker, it could give an application 4 months from the date of application with the appropriate approvals of the board before it would even have to open? Mr. SANTONI. With the appropriate approval of the board. Mr. VEREB. So your amendment's intention is to give Foxwoods an additional 2 years from approximately sometime in the summer of 2010 to open? Mr. SANTONI. My amendment is intended to give more flexibility to the Pennsylvania Gaming Control Board to make that decision. Mr. VEREB. Mr. Speaker, is this to category 3s, this extension? Mr. SANTONI. It does not affect the category 3 because they are not allowed to have that many slots. They are not allowed to have 1500 slot machines. Mr. VEREB. So, Mr. Speaker, we are just doing this for Foxwoods, Mr. Speaker? Mr. SANTONI. It applies to any facility that does not currently have their machines up and running. Mr. VEREB. Of what category, Mr. Speaker? Mr. SANTONI. I am sorry. Category 1s and 2s. Mr. VEREB. How many other category 1s and 2s are in this same situation as Foxwoods, Mr. Speaker? Mr. SANTONI. I am sorry. Your question was, where are the others?


Mr. VEREB. What are the other ones that have not broken ground or are not open that are affected by this expansion? Mr. SANTONI. The one in Lawrence County and SugarHouse. Mr. VEREB. Mr. Speaker, does this expansion have any effect on the $50 million licensing fee since we are changing the grounds from the awards when they were open to when they will open? Mr. SANTONI. We do not believe that it does, no. Mr. VEREB. Thank you, Mr. Speaker. Mr. Speaker, in your language we are adding another category 3, Mr. Speaker? Mr. SANTONI. Could you— I hate to ask you, but I did not hear your question. Mr. VEREB. In this proposal, are we adding another category 3 besides the two that are already established in statute? Mr. SANTONI. Yes. I answered that earlier, and the answer is, yes, an additional one. Mr. VEREB. I just wanted to make sure, Mr. Speaker. Who was that slated for, Mr. Speaker? Mr. SANTONI. I cannot say. That has to be applied for, has to go through the process, et cetera, et cetera. The Gaming Control Board will make that decision based on, as I said, the application, go through the application process, et cetera. Mr. VEREB. Mr. Speaker, I know the gentleman from Philadelphia had inquired as to residents of different communities and other legislators as to their participation in the design of this amendment. I bring your attention to a meeting on Monday, November the 16th, Mr. Speaker, in which my leader informed me, and he is, unfortunately, not here and his spokesman is not on the floor for me to be able to confirm with him, but I was informed there was a map with intended locations, Mr. Speaker, for future licenses. Would you have happened to have been at a meeting, Mr. Speaker? Mr. SANTONI. No. Mr. VEREB. Mr. Speaker, did you ever hear of this map or am I the only one? Mr. SANTONI. Not aware of a map, Mr. Speaker. Mr. VEREB. Thank you, Mr. Speaker. I thought there had been a map. Seems to be a building habit of disappearing documents, Mr. Speaker. Mr. Speaker, you mentioned the definition of "felony," there was a change in the language, and I believe this is not affecting licensees, correct? This is employees you are changing? Mr. SANTONI. It applies to principals, key employees, and gaming employees, Mr. Speaker. Mr. VEREB. So this does affect gaming applicants? Mr. SANTONI. Yes. Sure. Mr. VEREB. Licensee, whatever the word is. In other words, does this affect the owners, the operators? Mr. SANTONI. Sure. Absolutely, yes. Mr. VEREB. I am sorry. I thought it was just going to be for the employees. What is the change, Mr. Speaker, from current statute to what your amendment spells out? Mr. SANTONI. I have the language here. "An offense punishable under the laws of this Commonwealth by imprisonment for more than five years. (ii) An offense which, under the laws of another jurisdiction, is: (A) classified as a felony; or (B) punishable by imprisonment for more than 5 years. (iii) An offense under the laws of another jurisdiction

which, if committed in this Commonwealth, would be subject to imprisonment for more than five years." Mr. VEREB. Mr. Speaker, would you consider this definition a little stronger than the original bill, Mr. Speaker? Mr. SANTONI. Yes, it is. Mr. VEREB. Is there a date on the timeline as to how many years previous a person was convicted of a felony that they could possess a license? Mr. SANTONI. Lifetime for owners and key employees; 15 years for everybody else. Mr. VEREB. I am sorry, Mr. Speaker. I could not hear that. Mr. SANTONI. Lifetime for key employees and owners; 15 years for everybody else. Mr. VEREB. So today if we apply for a license and you have a convicted felon described in your stronger definition, that person cannot be in any way involved in the ownership of a license. Mr. SANTONI. Correct, ever. Mr. VEREB. Thank you, because I was not aware of that. I think it is very good language, Mr. Speaker. Thank you, Mr. Speaker. I am through with the interrogation. The SPEAKER. Would the gentleman like to debate the issue? Mr. VEREB. I would. The SPEAKER. On the amendment, the gentleman is in order and may proceed. Mr. VEREB. Mr. Speaker, I just want to echo a few thoughts, specifically with the Foxwoods license and the concerns that the Representatives and a number of us have worked together on for that license, and I do not want to belabor the point, Mr. Speaker. The chairman has worked with me on a number of reforms. I do not like the fact that this bill came to the floor the way it did. I certainly had made an agreement and would have worked with that agreement through committee. It has become extremely stressful to be able to keep track of all the changes, Mr. Speaker. There are amendments that were approximately 3 feet high over on the clerk's table that came to light sometime Wednesday night when we shut the lights out and then this morning when we returned. And I think the concerns out there are that this bill was built the same way the 2004 bill was put together, but I do want to commend the maker. There were a couple changes that I misunderstood that I think are very good, and one of them is the felon language. So in other words, you cannot be a lawmaker and come out of jail and get a license. You cannot be a lobbyist and have a felony and go get a license. I think they are good changes, and I hope the support for them in the next omnibus bill will be there as well. Mr. Speaker, I, unfortunately, rise in opposition of this amendment, and I rise in opposition because the way it was done and because of the circus-like atmosphere that this institution suffered last year, Mr. Speaker, and I look forward to final debate. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from York County, Representative DePasquale. Mr. DePASQUALE. Thank you, Mr. Speaker. May the maker of the amendment stand for brief interrogation? The SPEAKER. The gentleman, Mr. Santoni, indicates he will stand for interrogation. The gentleman is in order and may proceed.


Mr. DePASQUALE Thank you, Mr. Speaker. The new antifelony language that was added to the omnibus amendment, does the maker of the amendment believe that under that new language, every felony in Pennsylvania, the language would apply to? So if you commit a felony in Pennsylvania, the ban would apply. Is that how the maker of the amendment interprets that language? Mr. SANTONI. Yes, Mr. Speaker. Mr. DePASQUALE. And any offense that would be construed as a felony under Pennsylvania law committed in any other jurisdiction, would that also fall under the ban? Mr. SANTONI. Yes. Mr. DePASQUALE. Okay. On the amendment? The SPEAKER. The gentleman is in order and may proceed. Mr. DePASQUALE. Thank you, Mr. Speaker. Under some of the original omnibus amendment language, I had perceived that that was a potential loophole. I am pleased that the maker of the amendment, Representative Santoni, has strengthened the antifelony language. I had language that some would say was very similar to this language and I am glad that this is going to be put in the omnibus that we are going to be voting on now. I think that will make Pennsylvania a leader in the country on dealing with that issue, and I thank you for your time. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from York County, Representative Miller. Mr. MILLER. Thank you, Mr. Speaker. A few moments ago – well, it was probably an hour or so ago, we had a very favorable vote for the constituents of ours in Pennsylvania, for the property tax payers, when we passed amendment A4834, the gentleman from Montgomery County's amendment. I am going right there; excuse me, sir. I rise to oppose this amendment, A05012, because what it does is it takes this amendment out of play. Now, I have to tell you, this passed overwhelmingly. This amendment passed overwhelmingly. We are told that we will see property tax relief even with amendment A5012 because of the fact that it has a provision that when we exceed $750 million in the Rainy Day Fund, there will be property tax relief. Mr. Speaker, as we stand here today, the Rainy Day Fund contains nothing. The balance is zero. Mr. Speaker, I have talked to Appropriations Committee staff, the best budget that we had, or the best balance at the end of the fiscal year we have had in the past 10 years, was about $800 million. Under our Rainy Day Fund law, it takes 25 percent of that and puts it into the fund. We are looking at a minimum of 4 years to reach this promised property tax relief. Now, Mr. Speaker, that is if we are doing as well as we were before. The point is, we are nowhere close to that. So if we pass amendment A05012, we are basically saying to our constituents, you will not see further property tax relief for probably about 10 years. And what is worse, many of us expect that table gaming will take away from the slots, and therefore, we will actually see a reduction in the Property Tax Relief Fund. Mr. Speaker, I respectfully ask for a "no" vote on amendment A05012. Thank you. The SPEAKER. The Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Respectfully to the gentleman from York County, I am not trying to be argumentative, but you may remember, sir, that just

a few minutes ago the gentleman from Allegheny offered an amendment from your minority Appropriations chairman that eliminated the argument you just made. Now, I realize we have to get through this tonight, but be clear, you voted against something that now, maybe a half an hour later, you have had an epiphany on the policy. So no disrespect to you, but I know that Mr. Turzai was offering on behalf of your minority chairman tonight – and respectfully, I know he cannot be here – but the foundation of your argument is just not sound. Mr. TURZAI. Mr. Speaker, if I might respond, please, as the whip here today. With all due respect, that amendment— The SPEAKER. Will the gentleman yield. The gentleman was correct. The Speaker will grant the whip latitude in the absence of the minority leader. The gentleman, Mr. Turzai, is recognized. Mr. TURZAI. Sir, with all due respect, just briefly in response to the leader's position. Chairman Civera's amendment said that we should be doing law enforcement separately. Funding was completely taken out of this bill because there would be no new revenues and no new funding to be discussed at a later time and said you cannot move forward without a separate law enforcement component. That is what the chairman said. It is not inconsistent for our members to be making arguments with respect to funding streams and how they are appropriately done or not appropriately done under this omnibus amendment. Given the Civera amendment, the Civera amendment made clear law enforcement should be done separate and distinct, and that is not inconsistent with the good gentleman from York's position as he speaks today. Thank you. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Delaware County, Representative Adolph. Mr. ADOLPH. Thank you, Mr. Speaker. Would the maker of the amendment stand for brief interrogation? The SPEAKER. The gentleman, Mr. Santoni, indicates he will stand for interrogation. The gentleman, Mr. Adolph, is in order and may proceed. Mr. ADOLPH. Thank you, Mr. Speaker. Mr. Speaker, if I can refer you to page 79, lines 39 through 51, and then there is on page 80 just one line, line 1. Lines 39 through 51 state, "A county of the fifth class: 50% of the licensed facility's local share assessment shall be distributed as follows: "(A) Fifty percent shall be added to the funds in the restricted receipts account established pursuant to section 1403...for distribution with those funds…. "…Fifty percent shall be transferred to the Pennsylvania Higher Education Assistance Agency for deposit into a restricted receipts account to be used exclusively for grants to a school of medicine located in a city of the second class A within a county of the third class for operating costs associated with the school of medicine." Now, Mr. Speaker, first of all, I appreciate your standing for interrogation and for the time that you have given us today. Can you tell me what the legislative intent is on that language? Thank you. Mr. SANTONI. Thank you, Mr. Speaker. Mr. Speaker, the issue you talked about, along with a lot of the other language that is close by in the amendment, deals with


the issue of local share, and what we tried to do throughout the negotiations is talk to all affected members and try to work out the local share language amongst those members. The particular issue that you are talking about, I do not know directly what they are talking about, but that was negotiated with the local delegation to that community, and also the Senate was very much involved in that. Mr. ADOLPH. Okay. I do not mean to put you on the spot, but I think these questions are very important and we need to get it on the record so we know what is going down here. Would you know which school of medicine would be receiving these receipts? Mr. SANTONI. I am sorry, Mr. Speaker; I do not. Mr. ADOLPH. Okay. It would appear to me, Mr. Speaker, that there would be some additional enabling legislation necessary in order to see exactly what school this is and what type of programs are being established based upon them receiving these receipts. Mr. SANTONI. Are you asking if enabling legislation is necessary to further specify the language of this amendment? Is that your question? I am sorry. Mr. ADOLPH. Yes; yes. Mr. SANTONI. I do not believe that there is or should be; no. Mr. ADOLPH. Do you know if this money is going directly to the school in a lump sum or would this be to the students as far as grants? Mr. SANTONI. Mr. Speaker, the language says that it is going to PHEAA and to be distributed from there. Mr. ADOLPH. Very good. Would PHEAA be sending this money directly to the school of medicine? Would it be in the form of individual grants for the students that would be attending this school? Mr. SANTONI. I believe it says that there would be a grant exclusively for that facility; yes. Mr. ADOLPH. Is there anywhere in the language, somewhere else in the bill, regarding a reimbursement for the PHEAA agency to get reimbursed for any additional cost that they may incur in establishing a new program? Mr. SANTONI. No; just what it says during that section of the amendment. There is nothing else addressing this issue throughout 5012. Mr. ADOLPH. Okay. Mr. SANTONI. The answer is no. Mr. ADOLPH. Thank you, Mr. Speaker. On the amendment, Mr. Speaker. The SPEAKER. The gentleman is in order and may proceed. Mr. ADOLPH. I want to thank the maker of the amendment for answering those questions to the best of his ability. As a legislator who has a high regard for the school of medicine – and I have a pretty good idea where the school is, but I am not certain and I wanted to get it on the record – I have no problem with the grants going to students to obtain further education in the medical field. However, as chairman of the PHEAA Board, I just want all the members of this General Assembly to realize that every time we create a new program, as good as it is – and I believe this one will be a good program – that the administrative cost in running that will take away from the PHEAA mission, which is to hand grants to those that are attending higher education and not medical school. And I just thought somewhere along the line during this legislative process, because I know this will not

be the last time that we are working on this bill, that that could be taken into consideration as it goes through your committee. So I would like all members to be aware of that. I am not quite sure how much money this school will be getting, how costly this program will be, but believe me, I know establishing these worthwhile programs does come at a cost, and if we do not establish a reimbursement plan – that is all we are looking for, a reimbursement plan – you will take away money from the other college students that go to school on these grants. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. Does the gentleman, Representative Turzai, wish to be recognized on the amendment? The Chair recognizes the gentleman from Allegheny County, the minority whip, Representative Turzai, on the question. Mr. TURZAI. Thank you very much, Mr. Speaker. I rise in opposition to the omnibus amendment 5012 to SB 711. The gentleman from Berks County is an honorable man and he always handles himself, really, with great decorum and intelligence on any of the bills that I have seen him address on this House floor, but I do think that there are significant concerns with this particular amendment. They come from a variety of portions of a very, very extensive amendment, but the largest section of concerns is set forth in the local share aspects of this bill. To the public, you must understand that when the original slots legislation was passed in 2004, as has been discussed tonight, not all that money went to property tax relief. It went to a variety of funds. The 54 percent in taxes taken from the original expanded gambling legislation was divvied up amongst a variety of takers. This local share tax rate at 2 percent is indicative or emblematic of the walking-around-type money that has been such a concern to so many of us going forward. It is so specific in this amendment that it cannot help but raise an eyebrow. And keep in mind this is a tax. A former Senator that has had some concerns with the courts one time referred to tax revenues, your hard-earned tax dollars, including the tax dollars taken from gaming, as "other people's money," and too often over the last 7 years the paradigm to solving problems in Harrisburg has been creating these pots of taxpayer dollars, other people's money, and letting it be used by politicians to be quote, unquote, as my dad once referenced, "big shots." Unfortunately, the use of local share is so specific that it once again constitutes walking-around money to be used by politicians as big shots for essentially political favor. The other concern with the local share distribution of these gambling tax revenues is that they get done in these backroom deals, and I know that is clichéd, but in these backroom deals that are not subject to the light of day, out on open discussion like we are here on the House floor, people put in, for whatever reasons we do not know, very specific language as to how public money is going to be done. Money taken from Harrah's, a gambling establishment, 1 percent is to go to Chester City for becoming a sponsor of a community college. In Luzerne County, the place where we have had all this concern with the judges and taking the payoffs with respect to the sentencing of kids, it is to be distributed the same as slots. Plains Township, this Plains Township, 1 percent is to go to the township until a budgetary cap is reached. My understanding is back home in my


area, Allegheny County, some board is being set up as to how to distribute the Allegheny County moneys. I do not know anything about this board or who is going to be on that board. The Meadows, Washington County, 1 percent to the Department of Community and Economic Development for grants to economic authorities and redevelopment authorities. North Strabane Township, that is specific, 1 percent to the township until a budgetary cap is reached. For an unknown harness track, they have already outlined how that distribution of money is supposed to be, and who is this unknown harness track? For Philadelphia Park 1 percent is going to a hospital and 1 percent going to a particular recreation department; Penn National, 1 percent going to a particular violent crime task force; Erie County, 2 percent for a new community college; Summit Township, a distribution per the county share; Philadelphia under SugarHouse, Foxwoods, it has not even been built, distributed pursuant to a slots formula. A tourist promotion agency is going to pick up 15 percent in Allegheny County in Monroeville; Paradise Township, 1 percent to the township; Monroe County, Northampton County, an economic development 1-percent cut; Bethlehem City, 50 percent of the 1 percent to Bethlehem; 20 percent of 1 percent to Allentown; 30 percent to Easton. Who is going to be in charge of that money? Valley Forge, 1 percent to a township. An unknown class 3; we are creating a new unknown class 3 resort, and it specifies as to how the split is going to be. All of this while at the same time, while at the same time, the tax revenues are so significantly lower than the original slots legislation, which, in my estimation, should have been auctioned off, put up to public bid, and yet the tax rates are being set so much significantly lower for table games than they were for the original slots legislation. And why? Mr. Speaker, I have got to tell you, in my estimation, overall and with respect to— Because the Santoni amendment is the bill. Let us be honest, the Santoni omnibus amendment, with all due respect to the gentleman from Berks County, is the omnibus amendment. That is going to be the expanded table gaming bill. With all due respect, it is a gaming industry bill, and there is no compelling argument, there is no compelling argument to move this legislation forward – I might add, particularly without us knowing that there is an extensive law enforcement reform package being done first. Now, let me put local share aside and let me talk about the law enforcement aspects. As this omnibus amendment is drafted, it is a singular bill; it is a singular bill. Law enforcement reforms are combined with the expansion of table games. The single most significant law enforcement reform as stated by the Attorney General in testimony and by others, particularly folks that used to be Federal prosecutors and have seen how table game law enforcement or I should say gambling law enforcement is done in other States like New Jersey or Nevada, is that law enforcement should not be under the purview of the Gaming Board but should be under the purview of the Attorney General and/or the State Police. Our existing law does not do that, and this reform, the reform aspect of this, does not do that. That is a problem. It is a significant ethical concern. It is a significant law enforcement concern. I will also tell you that I believe that the creation of a new category 3 is problematic. A new license, Mr. Speaker, is being created by this particular amendment. That is not right; it is not

appropriate. It also extends the time for one of the Philadelphia casinos to get up and running, which is still looking for financing. This license should be rebid. It is not right to be doing a specific favor for a specific gaming establishment, a specific gaming company. It is not right. We should not be doing a new category 3, particularly when it seems as if it has already been decided as to who might be getting that category 3. In 2004 many people had concerns about the original slots legislation, and my good friend from Bucks County, the former chairman of the Gaming Oversight Committee, pointed that out on that day in 2004, and much of what he said came to pass. In my own region, I believe these— Let me rephrase that and I apologize. Monopoly licenses were given out by this Gaming Board as opposed to putting them up to auction in that original legislation. I believe there was a rush by the Gaming Board to hand out those licenses. In our own region, significant concern was developed over the issuance of that license to that licensee over its ability to be sustainable financially. This amendment, which is going to be, if passed, the expanded gambling bill that is sent to the Senate and hopes to be put on the Governor's desk, is building upon tainted original 2004 slots legislation and is in its component parts making some of the exact same mistakes from the original legislation in that it smells because it looks like it is being done for particular favors, and third, because it still does not beef up the law enforcement aspects of this bill that should have been done in the original bill and that we have now had 5 years to correct. For those three reasons, I am asking everybody to please, particularly in this era where we want to make, all of us, on both sides of the aisle, significant positive changes for Pennsylvania, particularly from a financial and ethical perspective, this is not the amendment to be voting for, this is not the time for this bill to be done, and I would urge everybody, everybody, to vote "no" and to think twice about this, to seriously think twice about this. It is not the right amendment. It is not the right substantive bill. It is not the right time. There is no compelling reason to be expanding gambling at this time, and I would urge everybody to please vote "no." The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Representative Keller. Mr. W. KELLER. Thank you, Mr. Speaker. May I interrogate the maker of the amendment, please? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Keller, is in order and may proceed. Mr. W. KELLER. Thank you, Mr. Speaker. Mr. Speaker, it has been bandied about tonight that I did not have much input into this process, and I believe that is true, but you have heard me in caucus with my concerns of this bill, and the concerns are the extension of the licenses in your amendment. I have an amendment here, amendment A05061, that I will be offering shortly, and I believe I have been for gaming, I have been for the revenue, and the jobs it creates. I cannot be for the extension of the licenses. I ask you, Mr. Speaker, as the maker of the amendment, could I get support for the suspension so I could offer this amendment that would remove the extension of the licenses? Mr. SANTONI. Thank you, Mr. Speaker. Your amendment would be agreed to; yes.


Mr. W. KELLER. Thank you. Thank you very much, Mr. Speaker. I will be in favor of it with the hopes that I can get this amendment passed and we will remove the extension of the licenses. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Philadelphia County, Representative Mike O'Brien. Mr. M. O'BRIEN. Thank you, Mr. Speaker. Will the maker rise for a brief interrogation? The SPEAKER. The gentleman, Mr. Santoni, indicates he will stand for interrogation. The gentleman is in order and may proceed. Mr. M. O'BRIEN. Thank you, Mr. Speaker. Mr. Speaker, let me address a few questions towards process, if I may. Mr. Speaker, if you could tell us, when did you file these amendments? Mr. SANTONI. Thank you, Mr. Speaker. As I mentioned earlier, the amendment was filed Thursday evening. Mr. M. O'BRIEN. It was filed Thursday evening. And if you could tell us, Mr. Speaker – certainly the drafting attorneys have been put to the test through this process – if you could tell us, Mr. Speaker, when did these amendments become available on the legislative data system? Mr. SANTONI. I believe it was Thursday evening; yes. Mr. M. O'BRIEN. Thursday evening, Mr. Speaker? Mr. SANTONI. Yes, sir. Mr. M. O'BRIEN. Mr. Speaker, are you aware that as a member of the Gaming Oversight Committee, I reached out to committee staff early on Friday morning seeking information on these amendments? Mr. SANTONI. Are you asking me if I was— Mr. M. O'BRIEN. Are you aware of that? Mr. SANTONI. I believe you contacted our office; yes. Mr. M. O'BRIEN. Are you aware that on Friday morning while the amendments, I believe, had not been posted, that it was saying on the system that they were in the drafting process, that my question to staff was, if you could give me an understanding of amendments 5010, 5011, 5012, and 5014? Are you aware, Mr. Speaker, that staff at that point was not aware and conversational on the length and breadth of each amendment? Mr. SANTONI. I did not quite follow the last part of that, Mr. Speaker. You are asking me about if staff was aware of conversations you had with them? Mr. M. O'BRIEN. The short version of it, Mr. Speaker, is when I asked staff to tell me what the amendments were about, they were unable. Are you aware of that, Mr. Speaker? Mr. SANTONI. I am not aware of that particular incident; no. Mr. M. O'BRIEN. So, Mr. Speaker, if you could, what we now have at this point in time— We are talking about Friday, and I was out of town and trying to piece this together and act appropriately. Now, what we have come to realize since then is that we have four omnibus amendments here. We have 5010, 5011, 5012, and 5014. So now we have 5012 before us. Why that? What separates that amendment from the other three that you introduced? Mr. SANTONI. Mr. Speaker, a decision was made based on discussions among staff and members in getting this bill passed

as soon as we can to address that and the language that is in 5012, and that was why that amendment was chosen over the others. Mr. M. O'BRIEN. Now, as I see amendment 5014, the Siptroth amendment is also an omnibus amendment. Did Gaming Oversight staff participate in the drafting of that? Mr. SANTONI. There were many staff members that participated from our staff and also from the leadership staff. Mr. M. O'BRIEN. So if there was participation by staff on the drafting of this, perhaps as chair of Gaming Oversight you can help me understand why my questions of Friday morning were not answered. Mr. SANTONI. Mr. Speaker, I do not believe that we were trying to hide anything from you. You were certainly involved in a lot of the discussion. You have been a member of the committee, an active member of the committee. I believe you know what is going on. No one at any staff level was trying to hide anything from you. We provided you with the information when it was available, and I believe you had adequate time to read those amendments and make a decision appropriately. Mr. M. O'BRIEN. Let us turn, if we can, for one moment to the local share. When the previous speaker asked you about process with local share – and I believe your answer was that you spoke with members in the impacted areas, in the area of the casinos – would you share with us what members from Philadelphia you spoke to. Mr. SANTONI. I do not think I said I spoke with particular members. In the negotiating process, delegations or members from the areas that the local share language was put in met and came up with an agreement, and that language was inserted into the omnibus amendment. I do not think I said I spoke to any particular member from Philadelphia about it. I suspect that the Philadelphia delegation had a say in the language that was put in the bill related to the city of Philadelphia. Mr. M. O'BRIEN. On the question, Mr. Speaker? The SPEAKER. The gentleman is in order and may proceed. Mr. M. O'BRIEN. At this point in time, in the existential present, in the nook, I am one of 14 people in this chamber who has cast an affirmative vote for table games. With great sorrow I cast a vote for table games in committee because I believed it was the right thing to do. I believed that the revenues needed to be forthcoming. It was not an easy vote for me. It was a vote that I regret, but it was a vote that I felt I could put up, because unlike July 4, 2004, when the first gaming bill, Act 70, was passed in the middle of the night, it was a bill that had been vetted, that had been put before the public. Unlike Act 135 of 2006, which was passed in the waning moments of session as the mace was going out the door for the last time, it had been vetted, it had been open to the public, and I could cast an affirmative vote for it. And here we are since then, 70 new members elected, 70 new members in this chamber who have never cast a vote for gaming, and now this night they will be asked to cast a vote for a gaming bill with amendments, the shell game of 600 pages posted since Friday. Quite honestly, quite honestly, this process reeks of what was, and somehow I thought last session when the Speaker's Commission on Reform opened up the windows of this august chamber, that somehow it would wash away the stench of what was. The stench lingers. Mr. Speaker, tonight I will correct the error of my vote in Gaming Oversight, and I will vote "no." I urge my colleagues to do the same. Thank you.


The SPEAKER. The Chair thanks the gentleman.

GUESTS INTRODUCED

The SPEAKER. To the left of the Speaker, the Chair would like to welcome some guests to the floor of the House – Kevin Lamont, Bob Palermo, and Joe Zeller. They are constituents of the majority leader from the Hazleton area and also friends of the Speaker. Welcome to the hall of the House, gentlemen.


The SPEAKER. The Chair recognizes the gentleman from Bucks County, Representative Clymer. Mr. CLYMER. Thank you, Mr. Speaker. Mr. Speaker, would Chairman Santoni, the maker of the amendment, stand for interrogation? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Clymer, is in order and may proceed. Mr. CLYMER. I do appreciate his forbearance and his willingness to answer these questions. Mr. Speaker, I share with other speakers that the opportunity to look at this legislation was almost nonexistent. We did caucus on it, but we did not have nearly the opportunities to really go through the entire bill. My question is that at one time there was in prior table game legislation something that dealt with three strikes as it dealt with the Liquor Code in the casinos. Even if they violated the Liquor Code and they had three strikes against them, my recollection was that they could continue to offer the beverages. Is that in the bill? Mr. SANTONI. Thank you, Mr. Speaker. The language on the issue you are talking about on the three strikes legislation, there is language in here that does not take away the liquor license at the casinos, but it does substantially increase penalties and fines. Mr. CLYMER. Okay; all right. My next question is, is there a credit provision placed in this legislation, which is a change from the past, that people, whether they are well-to-do or whether they are the less fortunate and the disadvantaged and the poor in our society, that they can be issued credit. Is that now in the bill or in your amendment? Mr. SANTONI. That language actually is in the bill. This amendment removes the language that allows people to use credit cards. That is out. Mr. CLYMER. Credit cards, but what about credit, where they can go and the casinos can give them credit? That is a different issue. Mr. SANTONI. That is still in the bill. Mr. CLYMER. That is still in the bill. I hope members are listening on that very important issue. The issue has been raised about the class 3 casino, that there is an additional one. As the maker of the amendment, why did you only put one in? Why not two? Why not three? Why did you only settle for one? Mr. SANTONI. As I mentioned earlier, there were amendments dealing with a lot of the things you are talking about, additional two and zero, but as I said earlier, in the negotiation process, Mr. Speaker, it was decided that we would put up the amendment 5012 that had the one additional. We

thought that was the best route to go as we moved forward on the amendment. Mr. CLYMER. In the negotiation process, were Republicans involved in that as well? Mr. SANTONI. Were Republicans involved in— Mr. CLYMER. In negotiations to have one class 3 casino? You said in the negotiation process. That means you were sitting at a table talking with someone. Mr. SANTONI. We basically talked to the people that we thought would help us move this legislation forward; yes. Mr. CLYMER. Okay. In the legislation it says that employment, I presume at the table games, it is going to be set at 85 percent. Is that correct? Employment of Pennsylvanians will be 85 percent? Mr. SANTONI. That is the goal we are working toward. Yes, that is the language; what it says. Mr. CLYMER. Well, I would think that if you had qualified people, that it would not be 85 percent. It would be 98 percent that you would continue to move forward on, but nevertheless, so be it. Mr. Speaker, we did talk about Foxwoods and Mohegan Sun. Now, I happened to visit those locations down in the city of Philadelphia, and it says in the bill that they can have the table games if there is proximity to a hotel. Does that hotel have to be in close proximity where the actual location of the casino is or can it be anywhere in the city of Philadelphia or anywhere else if they want to establish table games, which I am sure is what they are looking at in this legislation. Mr. SANTONI. "Adjacent" or "connected to" is what the language said. And just for a correction, Mohegan Sun is not in Philadelphia. You said Mohegan Sun. It is not in the city of Philadelphia. Mr. CLYMER. Okay. But Foxwoods is. Mr. Speaker, in trying to read the bill, there is a provision in there about the Clean Indoor Act. Now, does that apply to table games? People who are doing the various table games, can they be smoking while they are playing? Mr. SANTONI. We treat table areas the same as we treat the slot machine area. Exactly the same criteria are used. Mr. CLYMER. And could you explain that? Mr. SANTONI. 50 percent of the gaming floor could be smoking. Mr. CLYMER. Okay. Mr. Speaker, I was trying to count the number of games that can be qualified by the Pennsylvania Gaming Control Board. I counted 37 different types of table games. Is that an accurate analysis that I have, or in counting, did I miss a few or overadd? Mr. SANTONI. That is about right; yes. Mr. CLYMER. 37 table games. I read in the bill, trying to understand a lot of this, that there is a provision to compensate the Commonwealth at no less than $5 million for the use of riparian lands, riparian lands. I understand what a riparian land is, but where would that be centered. In the city of Philadelphia or where? Mr. SANTONI. That language is not in the amendment or the language in the bill. I do not know where that language is coming from. Could you repeat that again? Mr. CLYMER. This is what I read in the bill. It says that the Commonwealth is to be compensated at no less than $5 million for the use of riparian lands.


Mr. SANTONI. That was adopted as an amendment to SB 711, but it would not be part of my amendment. Mr. CLYMER. And could you just review for me exactly what the fee will be to get a table license for a class 1, class 2, and a class 3. What is the licensing fee? Mr. SANTONI. The licensing fee for categories 1 and 2 is $16 1/2 million. Mr. CLYMER. Okay. Mr. SANTONI. The licensing fee for category 3 is $7 1/2 million. Mr. CLYMER. This may not be part of the bill— Okay. I have answered my question here. Mr. Speaker, that concludes my interrogation. I would like to make a few comments. The SPEAKER. The gentleman, Mr. Clymer, is in order and may proceed. Mr. CLYMER. Mr. Speaker, I will try to be as brief as I can, but I share the sentiments of my colleagues from the city of Philadelphia. They are on target when they talk about the way this bill was put through the process. And indeed, as I had mentioned last week, many of us thought that the era of transparency and openness was going to come to the Commonwealth of Pennsylvania and especially to this General Assembly, but the way this bill moved forward is exactly the way the bill had moved forward back in 2004. You can see the voice and the face of the casino influence in this legislation. They know what they want. I mean, let us take a look at the $16 million fee. That is a giveaway, and if we vote this legislation, it is as though Santa Claus has come early to the General Assembly. Sixteen million dollars; it should be somewhere between $50 million and $75 million, or even we should auction them. And the 14 percent, my word; we will never make the dollars that we need for the General Fund at 14 percent. Here again it is this Innovation Group that came in and made a presentation. They were paid by the casinos to make that presentation, and exactly what they said at that meeting is what we are finding in this amendment. So again we have the influence of the casinos telling us how much we should get. It is ridiculous. Some time ago I talked with Jeff Hooke, an investment banker out of Maryland. I used his name before, and again, his indication was that we are giving the place away. I talked about the credit, the fact that credit is still in there, a provision that is certainly going to hurt Pennsylvanians, especially the poor, as I just mentioned, the disadvantaged, the less educated. They are going to be going, they will go into the casino and get as much credit as they can, knowing full well that it is going to clean out their little pockets of investments, of money that they had accumulated in a lifetime. That is horrendous. I mean, what are we doing to our fellow man? I hope that Governor Rendell, if this bill gets to him, will veto it just based on that issue, on allowing credit. That is horrendous. Now, Mr. Speaker, some of the other concerns that I have is the National Gaming Impact Study Commission, which I had mentioned before, said that there has to be a thorough investigation, open hearings, public hearings, and on this bill that we have presented to us this evening, this amendment does none of those things. Mr. Speaker, we are on a slippery slope. As neighboring States become more competitive, we are going to find ourselves not realizing the dollars that you think we are going to realize from these casinos.

The late professor, Paul Samuelson, a Nobel Prize recipient, said this, and I paraphrase him – and he is an economist of the highest standard – he said that gambling is not economic development because it produces no new wealth. It is shifting revenue from one section of the economy to another, and when gambling harms a player, it becomes a negative. Good words for us to remember here this evening. So let us not make this an embarrassment, as we did in 2004, by passing a bill that had hidden provisions in there that none of us knew until it was passed. Let us not fall prey to that kind of situation here in 2009. Mr. Speaker, law enforcement is going to be another issue, and that was talked about. I agree that we need to make sure that there is going to be sufficient funding for our law enforcement people if indeed this bill becomes law. So, Mr. Speaker, these are some of the concerns that I have, and I would ask the members to join many of us who will be voting "no" on this piece of legislation. Thank you. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Beaver County, Representative Christiana. Mr. CHRISTIANA. Thank you, Mr. Speaker. This amendment, Mr. Speaker, sets up that one community college will receive a 1-percent share of revenues. It is not shocking though, however, that it is not the Community College of Beaver County. And there is also a 1-percent share of revenues that is earmarked for one hospital, yet there are dozens of hospitals across the Commonwealth. My point is, Mr. Speaker, that while the one bright spot in the 2009-2010 budget passing was that it eliminated WAMs, walking-around moneys, and earmarking, and cutting out winners, and picking winners and losers in the legislative process, however, Mr. Speaker, this amendment reverts back to those old practices and old tactics of picking winners and losers and awarding people for their votes. Mr. Speaker, this is yet one more reason to not vote for the Santoni amendment, and I would even say that these WAMs are permanent and even worse than the old practices. These are not one-time checks. These are permanent checks, Mr. Speaker, and I think it even tiptoes the lines of being unconstitutional, and I urge my colleagues for a "no" vote for this amendment. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Columbia County, Representative Millard. Mr. MILLARD. Thank you, Mr. Speaker. We have heard tonight a lot of concerns about this 132-page amendment, and I wonder, Mr. Speaker, if the gentleman will stand for a brief interrogation? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman is in order and may proceed. Mr. MILLARD. Mr. Speaker, this is an omnibus amendment and, as I mentioned, 132 pages. Could you tell us – and I know that this has been asked many times, many ways – but could you tell us specifically what amendments will be ruled out of order with your amendment and a brief synopsis of what those amendments are substantivewise that it will take out? Mr. Speaker, I believe this is very important, because a lot of members here put forth a lot of amendments with a lot of effort in respect to things that they supported, things that are supported in their districts and across the State of Pennsylvania.



The SPEAKER. The gentleman, Mr. Millard, it would be a parliamentary inquiry made to the Chair to determine what amendments are in order and not in order. Mr. MILLARD. Then I would make that parliamentary inquiry, Mr. Speaker. Thank you. And I will have a follow-up to that, Mr. Speaker. The SPEAKER. Well, very simply, the amendment, A05012, strips all of the language out of the legislation and replaces it with the language contained in 5012. Mr. MILLARD. Okay. Mr. Speaker, a couple other questions if you will give me a little latitude here. The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. MILLARD. We have worked on this bill for quite some time. So what you are telling me is that the amendments that were put forth a couple of months ago, several weeks ago, would be included among those that would be ruled out of order by the Santoni amendment? The SPEAKER. They would not be ruled out of order. They would become out of order with the adoption of the Santoni amendment. Mr. MILLARD. And my second question then is, after this amendment, supposing that this would be successful, what amendments would be left in order to amend, after this amendment? The SPEAKER. The amendments that were drafted to this amendment, it is the Chair's understanding that there are a number of amendments that have been drafted to amendment 5012 for consideration. Mr. MILLARD. Would I be in order to ask the Speaker to name those amendments by number and proposer? The SPEAKER. The amendments are what we would term "ghost amendments." They were filed with LRB (Legislative Reference Bureau). We do not have the language to those amendments at this point, until the adoption or the failing of amendment 5012. If you look at the screen, you will see some amendments that are now being posted by LRB that are amendments drafted to amendment 5012. Mr. MILLARD. On the amendment? The SPEAKER. The gentleman is in order and may proceed. Mr. MILLARD. Mr. Speaker, this omnibus amendment should be of concern to every person here who has offered a previous amendment, because as the Speaker mentioned, this will rule out of order all those previous amendments, or take their place. I believe that the Santoni amendment, at 132 pages, goes in depth to change the landscape of gaming in Pennsylvania, and I do not believe that it does it in a way that is favorable or suitable to many of us who offered amendments previously. So with that in mind, I would ask that this amendment be defeated. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman and recognizes the gentleman from Lancaster County, Representative Cutler. Mr. CUTLER. Thank you, Mr. Speaker. To take up the comments of my colleague from Beaver County previously, I was wondering if the maker of the amendment might stand for brief interrogation?

The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Cutler, is in order and may proceed. Mr. CUTLER. Thank you, Mr. Speaker. Throughout the evening we have heard several references to the actual beneficiaries named in the legislation. I just want to make sure I am clear as I wander through this. Specifically, Mr. Speaker, on page 76, beginning on line 23 down to line 31, it states that "A county of the second class A…" – it deals with the distribution of gaming revenue – "50% of the licensed facility's local share assessment shall be distributed to the county to be further distributed as grants to a nonprofit hospital in a first class township that is contiguous to the municipality in which the licensed facility is located." And then it says, "If the nonprofit hospital ceases to exist, 50% of the licensed facility's local share assessment shall be distributed to the county in which the licensed facility is located." Mr. Speaker, what is that facility, if I may ask? Mr. SANTONI. I do not know the name of the facility. Again, that was negotiated in the ongoing negotiations with the four caucuses. It does not say a name, and I do not know what it is. Mr. CUTLER. Okay. Thank you, Mr. Speaker. To the best of your knowledge, how many facilities would actually qualify for this subsection? Mr. SANTONI. I do not know. I do not know what the answer to that question is. Mr. CUTLER. That is okay. Mr. Speaker, additionally, on – just to make sure I have the reference right – page 79, beginning on line 46, through 80, line 1, it references "...grants to a school of medicine located in a city of the second class A within a county of the third class for operating costs associated with the school of medicine." Do we know what facility that might be, Mr. Speaker? Mr. SANTONI. I was interrogated earlier on that particular part of the amendment, and the same answer, I do not know what the name of the facility is. Mr. CUTLER. Thank you, Mr. Speaker. In regards to either of those facilities, are you aware if they are under the direction of the Commonwealth or owned by the Commonwealth or are these independent facilities? Mr. SANTONI. I am not aware of that; I am sorry. Mr. CUTLER. Thank you, Mr. Speaker.


Mr. CUTLER. Mr. Speaker, a parliamentary inquiry, if I may. The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. CUTLER. Mr. Speaker, given that the two references that I just quoted, the first being on page 76, lines 23 through 31, seem to be somewhat specific, I had heard some banter that it might actually be the Lower Bucks Hospital. I do not know. And then in regards to the medical school, it could potentially be in Scranton. Given that those are specific appropriations to facilities that are outside of the Commonwealth, according to Article III, section 30, of the Constitution, which clearly states that "No appropriation shall be made to any charitable...institution not under the absolute control of the Commonwealth,..." and by profession here, we do not know the


status of either one of those, but if it happens to be those, my question is this, Mr. Speaker: By what margin will this amendment have to pass, because it certainly seems to me that this is a nonpreferred appropriation at this point, given that it names with some specificity the institutions and the locations that are to receive the money, and I simply wanted to know if it is a two-thirds requirement under Article III, section 30, or a simple majority? The SPEAKER. It would require a simple majority vote of this House. Mr. CUTLER. Mr. Speaker, may I inquire as to the basis for this decision, given that to the best of our knowledge at the current time, only one institution for each one of those qualifies? The SPEAKER. The amendment is not a nonpreferred appropriation. Mr. CUTLER. Mr. Speaker, if I may reinterrogate the maker of the amendment? I had one additional question. The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for further interrogation. Mr. CUTLER. Mr. Speaker, on page 75, lines 39 through 41, it discusses that "All funds owed to a county or municipality under this section shall be held in trust…," and then it further goes on to say, "Funds in the account are hereby appropriated to the department on a continuing basis...," and it includes both of those ones that I had individually inquired to previously. Mr. Speaker, are moneys meant to be allocated through the distribution of this formula? Mr. SANTONI. Could you reference the— You went pretty quick there, Mr. Speaker. Mr. CUTLER. Yes, Mr. Speaker; certainly. Mr. SANTONI. Reference the area you are talking about again. Mr. CUTLER. Page 75, beginning at lines 39 through 41, it says, "Funds in the account are hereby appropriated to the department on a continuing basis for the purposes set forth in this section," and the subsequent formula is meant to drive moneys out to individual institutions as detailed in the legislation and the ensuing pages? Mr. SANTONI. It distributes funds. The appropriations are made based on the language of this section; correct. Mr. CUTLER. Thank you, Mr. Speaker.


Mr. CUTLER. Mr. Speaker, is it the ruling of the Chair then that this is a simple majority vote requirement and not the two-thirds required under the nonpreferred legislation, given that I believe that it is a nonpreferred appropriation at this point? The SPEAKER. It is the Chair's ruling that the amendment before us would require a simple majority vote of this House. Mr. CUTLER. Mr. Speaker, then I must respectfully object to the ruling of the Chair and would make a motion to overrule the Chair, if I may, in regards to this being a nonpreferred appropriation. I believe with such specificity that it does require the supermajority vote of two-thirds of this chamber. The SPEAKER. The gentleman is appealing the ruling of the Chair, or is he citing the question of constitutionality?

CONSTITUTIONAL POINT OF ORDER

Mr. CUTLER. Mr. Speaker, given that if the motion of unconstitutionality is more appropriate, I will be happy to make it and cite the following section, Article III, section 30, which clearly states, "No appropriation shall be made to any charitable or educational institution not under the absolute control of the Commonwealth...." Then it says, "...except by a vote of two-thirds of all the members elected to each House." So I would question the constitutionality of this amendment, Mr. Speaker. The SPEAKER. Will the gentleman cite the article and section once again. Mr. CUTLER. If I may have a brief moment, Mr. Speaker. I believe it is Article III, section 30, but I will double-check that. The SPEAKER. The gentleman, Representative Cutler, raises the point of order that amendment 5012 is unconstitutional. The Speaker, under rule 4, is required to submit the questions of constitutionality of an amendment to the House of Representatives for decision. On the question, Will the House sustain the constitutionality of the amendment? The SPEAKER. On that point of order, the Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. The gentleman's argument just is not sound, and I will tell you two reasons why. First, it would require that Commonwealth money would be appropriated. This is gaming money from private gaming organizations. It is not State tax dollars, and they are also appropriate so that your cite would only be specific to State tax dollars. None are being appropriated here. Second, these go to entities that are created under State law for further distribution. For example, the gaming reserve fund goes to taxpayers. So in both cases your argument is not sound, and I am asking for the membership to oppose the motion for constitutionality. The SPEAKER. On the question, the Chair recognizes the gentleman from Lancaster County, Representative Cutler. Mr. CUTLER. Mr. Speaker, thank you. I respectfully disagree with the majority leader. I believe that the bill clearly lays out that, one, on page 30 – let me make sure I have the cite correct yet again – that there is, in fact, an appropriation that does occur as a discussion with the chairman earlier indicated. Additionally, Mr. Speaker, it clearly says, on line 20 of the superseding lines on page 75, that this is a tax, this is a tax that will be reallocated. Therefore, it is the money that we would otherwise have a right to. Mr. Speaker, if we would apply that logic to other areas of the State, then the Mcare (Medical Care Availability and Reduction of Error) Fund would not be Commonwealth money, then income tax would not be Commonwealth money, or any other tax that we collect. Mr. Speaker, I respectfully disagree with the majority leader and believe that this appropriation is made with such specificity that only one facility for each one of these actually qualifies,


that it is a nonpreferred appropriation, and therefore it is unconstitutional under Article III, section 30, of the Constitution. It is a redistribution of Commonwealth money that we are advocating through legislation, which is unconstitutional. Mr. Speaker, I respectfully request that this be ruled unconstitutional and request a vote accordingly. Thank you. The SPEAKER. Those who believe the amendment is constitutional will vote "aye"; those who believe the amendment is unconstitutional will vote "nay." On the question recurring, Will the House sustain the constitutionality of the amendment? (Members proceeded to vote.)

LEAVES OF ABSENCE CANCELED

The SPEAKER. The Chair notes the presence of the gentlelady, Representative Beyer, and the gentleman, Mr. Dally, on the House floor. Their names will be added to the master roll.


On the question recurring, Will the House sustain the constitutionality of the amendment? The following roll call was recorded: YEAS–107 Barbin Drucker Levdansky Sainato Belfanti Eachus Longietti Samuelson Beyer Evans, D. Mahoney Santarsiero Bishop Fabrizio Manderino Santoni Boyle Frankel Mann Seip Bradford Freeman Markosek Shapiro Brennan Galloway Matzie Siptroth Briggs George McGeehan Smith, K. Brown Gerber McI. Smith Smith, M. Burns Gergely Melio Solobay Buxton Gibbons Micozzie Staback Caltagirone Goodman Mirabito Sturla Carroll Grucela Mundy Taylor, R. Casorio Haluska Murphy Thomas Cohen Hanna Myers Vitali Conklin Harhai O'Brien, M. Wagner Costa, D. Harkins Oliver Walko Costa, P. Houghton Pallone Wansacz Cruz Johnson Parker Waters Curry Josephs Pashinski Wheatley Daley Keller, W. Payton White Deasy Kessler Petrarca Williams DeLuca Kirkland Petri Youngblood DePasquale Kortz Preston Yudichak Dermody Kotik Readshaw DeWeese Kula Roebuck McCall, DiGirolamo Lentz Sabatina Speaker Donatucci

NAYS–84 Adolph Farry Maher Quigley Baker Fleck Major Quinn Barrar Gabig Marshall Rapp Bear Gabler Marsico Reed Benninghoff Geist Metcalfe Reese Boback Gillespie Metzgar Reichley Boyd Gingrich Millard Roae Brooks Godshall Miller Rock Causer Grell Milne Ross Christiana Grove Moul Saylor Clymer Harhart Murt Scavello Cox Harper Mustio Sonney Creighton Harris O'Brien, D. Stern Cutler Hennessey O'Neill Stevenson Dally Hess Oberlander Swanger Day Hutchinson Payne Tallman Denlinger Kauffman Peifer True Ellis Keller, M.K. Perzel Turzai Evans, J. Killion Phillips Vereb Everett Knowles Pickett Vulakovich Fairchild Krieger Pyle Watson NOT VOTING–0 EXCUSED–11 Civera Hickernell Perry Smith, S. Delozier Hornaman Rohrer Taylor, J. Helm Miccarelli Schroder The majority having voted in the affirmative, the question was determined in the affirmative and the constitutionality of the amendment was sustained. On the question recurring, Will the House agree to the amendment? The SPEAKER. For what purpose does the gentleman, Representative Cutler, rise? Mr. CUTLER. Mr. Speaker, if I may, I do not believe I yielded the floor and would like to continue discussing the amendment, if I may. The SPEAKER. The gentleman is in order and may proceed. Mr. CUTLER. Thank you, Mr. Speaker.


Mr. CUTLER. I will briefly ask for another, I believe, inquiry to the Parliamentarian, if I may. The SPEAKER. Inquiry to the Chair. The gentleman is in order and may proceed. Mr. CUTLER. I apologize, Mr. Speaker; a parliamentary inquiry. In regards to some of the specificity that is noted in this legislation – page 76, lines 23 through 50; page 78, 10 through 51; page 79, lines 46 through 51, including page 80, line 1; and page 80, line 49 through line 4 – Mr. Speaker, recognizing the will of the body on the last motion, I would simply ask, are each of these references so specific as to make it special legislation


that would apply under section 7 of the Constitution that would require a special notice and advertising requirements in each of these areas prior to voting the legislation? The SPEAKER. The answer to the gentleman's inquiry is that, no, it is not special legislation. Mr. CUTLER. Thank you, Mr. Speaker. May I interrogate the maker of the amendment? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for further interrogation. The gentleman, Representative Cutler, may proceed. Mr. CUTLER. Thank you, Mr. Speaker. Very briefly, Mr. Speaker, was there advertising done? Recognizing that the Chair has said that this is not special legislation, I would just like to inquire if any kind of advertising was done in any of these home areas that will be benefiting from the money, as required under the Constitution under section 7? Mr. SANTONI. Everything was done appropriately with regards to the amendment. Mr. CUTLER. Mr. Speaker, is it your belief that this would be considered special legislation that would require advertising and was that form of advertising done? Mr. SANTONI. I believe you presented that question to the Speaker and he made a decision. Mr. CUTLER. Mr. Speaker, if I may reframe the question? The actual question is, understanding the ruling of the Chair, was it the gentleman's impression that this was special legislation and required advertising and was any done? Mr. SANTONI. Everything was done appropriately, Mr. Speaker. Mr. CUTLER. Mr. Speaker, under the assumption that it was not special legislation. Is that correct? Mr. SANTONI. I answered the question, Mr. Speaker. The SPEAKER. The gentleman answered the question. Mr. CUTLER. Thank you, Mr. Speaker. I certainly do not mean to draw out the process regarding this, but I do believe that there are some constitutional flaws with this amendment— The SPEAKER. Is the gentleman on the amendment? Mr. CUTLER. I am, Mr. Speaker. If I may speak briefly on the amendment? The SPEAKER. The gentleman is in order and may proceed. Mr. CUTLER. Mr. Speaker, I believe that there are some serious constitutional flaws with this amendment. The money that is appropriated is very specific. Mr. Speaker, additionally, it is going to certain locations where only one area qualifies. We heard the chairman and the honorable gentleman from Montgomery County speak previously, and they actually lapsed into using the actual names of the facilities that qualified for each one of these. Mr. Speaker, I recognize that the votes on this amendment will go up and down, and I certainly welcome the opportunity to cast my "no" vote on this amendment. However, I am somewhat concerned about the process by which we got here, Mr. Speaker. If it is later found that this is special legislation that required advertising or if it is a nonpreferred, Mr. Speaker, that would require a two-thirds vote, this legislation will be struck down in court, Mr. Speaker. If that is the case, the money that we are relying on is no safer than the money we have today. Mr. Speaker, if the process is not followed— And I recognize that I am a stickler. I know that everyone in the

chamber recognizes that I rarely vote for rule suspensions. It is because I believe in the integrity of the institution and the process by which we get places. Mr. Speaker, if either of those is found – and I respectfully disagree with my colleagues in the chamber – this legislation will be declared unconstitutional and it will not pass the smell test when it reaches the courts, Mr. Speaker. It does appropriate money with specificity. It does require a supermajority vote, in my opinion, Mr. Speaker. Unfortunately, I believe that this will not be resolved by the votes we take here tonight, but unfortunately, in the court system. I urge a "no" vote on the amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from York County, Representative Grove. The gentleman, Representative Grove, is recognized. Mr. GROVE. Thank you, Mr. Speaker. Would the maker of the amendment rise for brief interrogation? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Grove, is in order and may proceed. Mr. GROVE. Thank you, Mr. Speaker. Page 17, lines 14 through 20— Mr. SANTONI. I am sorry; could you hold on one second. I need to get the amendment. Proceed. Mr. GROVE. "Budgetary impasse.—If, in the event of a budgetary or other fiscal crisis, the Governor orders the furlough of Commonwealth employees, the board and its employees and all employees of the department and the Pennsylvania State Police whose duties involve the regulation and oversight of gaming under this part shall not be subject to furlough and shall continue to perform their duties of employment." Was this in the slots legislation that was originally passed, or is this new for table games? Mr. SANTONI. It is underlined; that means it is in addition to the law. So it was not. Mr. GROVE. Okay. With this stated, is it the intent of this legislation to segregate out the gaming employees to say they are more important than the rest of our State employees? Mr. SANTONI. It is not trying to say anybody is more important. It indicates the importance of the integrity of the gaming industry. I know that many members have shown concern about that, and I think that because of that concern, we want to make sure that, for instance, the Pennsylvania State Police and the duties that they provide related to gaming are still up and running along with all the other areas related to gaming. We think it is that important that we do not want to lay those people off and pretty much cripple the industry and the dollars that it provides to our taxpayers. Mr. GROVE. Would you be amenable to ensure that all State employees were paid under the same way? Would you consider— Mr. SANTONI. That is to be determined with another piece of legislation. That is not related to this bill. Mr. GROVE. All right. Second question, on page 41, lines 13 through 24, basically it goes over the distance for a category 3 slot license. I take it that was originally in the previous slot machine, that distance, not being here for that legislative session. Do you remember the reason for a distance?


Mr. SANTONI. There was a 15-mile noncompetitive under the old law, and this one makes it 30 as part of the negotiation process. That is why that is in there. Mr. GROVE. Okay. So under this, there will be two category 3 licensed facilities that would be 15 miles or more and one category 3 that would be 30 miles or more. Correct? Mr. SANTONI. If the bill passes, there will be potentially three category 3 licenses. Two would be under the old law – 15 linear miles – and the new one would be under the new law of 30. Mr. GROVE. Would that be three additional or under current law— Mr. SANTONI. One additional. Mr. GROVE. One additional. Okay. Thank you, Mr. Speaker.

REMARKS SUBMITTED FOR THE RECORD

Mr. GROVE. I will submit my comments on the bill for the record. The SPEAKER. The Chair thanks the gentleman. Mr. GROVE. Thank you. Mr. GROVE submitted the following remarks for the Legislative Journal: Mr. Speaker, when this body approved slot machines, there was a promise to provide billions of dollars of property tax relief to the residents of our great Commonwealth. Thus far, the residents of the 196th District have failed to see the supposed great wealth of slot machines. Today we are now debating the legalization of table games, which may bring up to $240 million of new revenue, but the Santoni amendment will send it all to the General Fund to be disbursed inequitably across Pennsylvania. Time and time again we have offered amendments to ensure this revenue will be put to use for property tax relief. Today in the Santoni amendment we have language which, only after Rainy Day Fund surpluses reach $750 million, we would take the remaining balance into the Property Tax Relief Fund. If we had a $100 million surplus every year, it would take 30 years to just reach the $750 million threshold, and that is assuming we maintain the 25-percent level of surpluses going into the Rainy Day Fund. Mr. Speaker, this is ludicrous to think the residents in our growth areas across Pennsylvania would be remotely happy to know they will once again be left to pay inequitable property taxes. Mr. Speaker, another grave travesty of this legislation is the unfair treatment of our State employees. After a budget battle which resulted in State employees receiving illegal labor practices of forced work without pay, we see a clause in the Santoni amendment which would ensure only those State employees who directly deal with gambling a safe pass in future budget impasses. Mr. Speaker, this is unconscionable. We need to pass HB 1915 with this legislation to ensure State employees will be treated fairly across the board. Mr. Speaker, I stand tonight opposed to the Santoni amendment for these reasons and the many reasons my colleagues have pointed out. Let us give this revenue to the people via property tax reform. Let us ensure State employees are treated fairly by voting "yes" to HB 1915.


The SPEAKER. The Chair recognizes the gentleman from Lehigh County, Representative Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. May I first address a line of parliamentary inquiry to the Chair?

The SPEAKER. The gentleman may state his parliamentary inquiry. Mr. REICHLEY. Mr. Speaker, although we have been debating amendment A05012 for some extended period of time, has there been any other omnibus amendment filed this afternoon to this same bill? The SPEAKER. There are a number of amendments that are filed to amendment 5012, but the Chair does not have any understanding of another omnibus amendment filed as of 2 o'clock today. Mr. REICHLEY. Well, Mr. Speaker, let me direct your attention to amendment A05161 and ask if that amendment has been filed to SB 711? The SPEAKER. It is not up to the Speaker to file the amendment. So we do not have a record of it here, but it may very well have been filed through the clerk, and it would be up to the member to then offer that amendment. We would not know until the amendment is technically offered by the member or put on the system. But you have your laptop. You could check right from your laptop to see if the amendment was, in fact, filed. Mr. REICHLEY. Well, because I do not sit right on the aisle, Mr. Speaker, would you or the Parliamentarian be able to ask of the clerk if amendment 5161 has been filed to SB 711? The SPEAKER. It is the Chair's understanding that the amendment is on the system. Mr. REICHLEY. Mr. Speaker, would you be able to tell the House when amendment 5161 was filed? The SPEAKER. The amendment is filed and the time stamp would be on the filed copy with the clerk. Mr. REICHLEY. And again, Mr. Speaker, because you are in control of the personnel of the House, is it possible for you or through the Parliamentarian to inquire of the clerk the time of the filing of amendment 5161 to SB 711? The SPEAKER. According to the calendar room, the amendment was filed at 2 o'clock. Mr. REICHLEY. At 2 o'clock. Is that today, Mr. Speaker? The SPEAKER. Today. Mr. REICHLEY. And, Mr. Speaker, during the course of the afternoon, was the Chair or the Parliamentarian informed that the Legislative Reference Bureau was having such a backlog that it was necessary to obtain a 1-hour extension in which to file amendments to SB 711 today? The SPEAKER. All of the amendments were filed on time up until 2 o'clock. The Reference Bureau had asked for an extension between 2 and 3 to notify the House that certificates were filed for amendments filed before 2 o'clock. Mr. REICHLEY. So the Legislative Reference Bureau, Mr. Speaker, informed the Chair that it needed an additional hour to complete filing of the amendments to this particular bill, SB 711? The SPEAKER. All amendments that the Reference Bureau accepted were filed on or before 2 o'clock. The 1-hour extension was just for the filing of the certificates to give them time to catch up with all of the amendments that were, in fact, filed on time at 2 o'clock. Mr. REICHLEY. But if the amendments were filed on time by 2 o'clock, Mr. Speaker, what would be the necessity of filing certificates after 2 p.m.? The SPEAKER. Because many people at the Legislative Reference Bureau were on the floor for the condolence


resolution for the deceased former Director. So they asked for an extension of time for the certificates. Mr. REICHLEY. And, Mr. Speaker, was there any notice provided to the members that there would be additional time for certificates to be filed for amendments? The SPEAKER. Mr. Reichley, there were no new amendments filed after 2 o'clock. All the amendments would have to be filed by 2 p.m. There were certificates filed between 2 and 3. The Reference Bureau asked for time to submit those certificates to the House. Mr. REICHLEY. Mr. Speaker, would it also be correct that amendments filed by 2 o'clock today would only be in order if we were to carry over the debate on SB 711 into tomorrow. Is that correct? The SPEAKER. That is correct. Mr. REICHLEY. I think under previous discussion the majority leader explained in great detail to the gentleman from Allegheny County that as long as an amendment was filed by 2 p.m. on Thursday, it would have been timely filed for today's purposes. Is that correct? The SPEAKER. I do not recall verbatim what the majority leader indicated to the members, but I would say that if amendments were filed by 2 o'clock on Thursday, that they would be in order. Mr. REICHLEY. They were in order for debate today. Mr. Speaker, are you able to provide an estimate to the members of the House as to how many amendments have been filed to amendment A05012 of SB 711?


The SPEAKER. The Chair notes the presence of the gentleman from Jefferson County, the minority leader, on the House floor. His name will be added to the master roll.


The SPEAKER. The gentleman, Mr. Reichley. Mr. REICHLEY. Thank you, Mr. Speaker. I think my last question to the Chair was, if you were able to estimate for the members of the House how many amendments had been filed to amendment A05012 to SB 711? The SPEAKER. There are a number of ghost amendments filed, but we think in the realm of 8 to 10 that are appropriate to 5012. Mr. REICHLEY. All right. Mr. Speaker, would it also be correct that if, in fact, amendment 5012 is defeated or possibly withdrawn, that those 8 to 10 amendments or the ghost amendments would no longer be in order if the subsequent amendment A05161 was called before the House? The SPEAKER. That would be a scenario that would absolutely be in order. Mr. REICHLEY. So in that situation the amendment filed by the gentleman from Philadelphia, Mr. Keller, to correct the extension on the Foxwoods Casino would be out of order? The SPEAKER. It would be out of order if amendment 5012 failed. Mr. REICHLEY. And has there been any amendment filed to 5161? The SPEAKER. The Chair is not aware of that.

Mr. REICHLEY. All right. That is the extent of my questions to the Chair, Mr. Speaker. Is the gentleman, Mr. Santoni, willing to stand for brief interrogation? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Reichley, is in order and may proceed. Mr. REICHLEY. Thank you, Mr. Speaker. Mr. Speaker, I believe the gentleman has been asked before, perhaps by the gentleman from Delaware, Mr. Adolph, about the provisions on page 79 of the amendment, which go to the top of page 80, regarding the 50 percent of the local share assessment from a county of the fifth class. Is he familiar with that portion of the amendment? Mr. SANTONI. The gentleman, Mr. Adolph, had questioned me about that previously, as did the gentleman, Mr. Cutler. Mr. REICHLEY. Okay. So I take it that the gentleman is familiar with that part of the amendment. Is that correct? Mr. SANTONI. I have read it along with the members. Mr. REICHLEY. Okay. Good. Well, because you have read it and because this is your amendment, would you be able to tell us of any other medical college or medical school which has similarly benefited from an allocation from the local share under the table games revenue? Mr. SANTONI. I believe I have answered that before, and the answer to that is, I do not know. Mr. REICHLEY. You do not know? Mr. SANTONI. I am not aware of any. Mr. REICHLEY. Well, Mr. Speaker, would you like to consult with the staff that drafted the bill? Mr. SANTONI. I answered the question, Mr. Speaker. Mr. REICHLEY. Well, Mr. Speaker, how long is the amendment? Mr. SANTONI. The amendment? Mr. REICHLEY. Yes. Mr. SANTONI. How long is it? Mr. REICHLEY. Right. Mr. SANTONI. 132 pages. Mr. REICHLEY. And when did you review it, Mr. Speaker? The SPEAKER. Mr. Reichley— Mr. SANTONI. Mr. Speaker, Mr. Speaker, I have been reviewing this now, this issue and a number of amendments related to it as chairman of the committee, for a long, long time, Mr. Speaker. Mr. REICHLEY. Okay. Mr. Speaker— The SPEAKER. Mr. Reichley, keep your remarks directed to the Santoni amendment. Mr. REICHLEY. I am, Mr. Speaker. Thank you. Mr. Speaker, would the gentleman, Mr. Santoni, be aware of people who have been named to the board of the medical college which is identified as the "exclusive medical school" receiving a restricted receipts account from the Pennsylvania Higher Education Assistance Agency? Mr. SANTONI. No. Mr. REICHLEY. Okay. So, Mr. Speaker, I take it that he would be unfamiliar with an article from November 28, 2009, in the Pocono Record which announces that Louis DeNaples has now assumed the vice chair position of the only medical school in northeastern Pennsylvania, that being the Commonwealth Medical College. Is that correct?


Mr. SANTONI. Mr. Speaker, I am not aware of that. I read the Reading Eagle. I did not read the Pocono Record; I am not aware of that article, but I respect you having it in your possession. Mr. REICHLEY. And had anyone informed you of that— The SPEAKER. Mr. Reichley, that line of questioning is out of order. Mr. REICHLEY. It is about a portion of the amendment, Mr. Speaker. The SPEAKER. That line of questioning is out of order. Mr. REICHLEY. Okay. On the amendment, Mr. Speaker. The SPEAKER. The gentleman is in order and may proceed. Mr. REICHLEY. And I thank the gentleman for standing for the brief interrogation. I did say it would be brief. Mr. Speaker, with all due respect, this is another example of the literal game playing that is going on with this particular legislation. And I think, based upon the topic of the bill, the amendment, we should use gaming metaphors and say, let us lay all the cards on the table. You know, last week we were called in here, told that we were going to report at 8 a.m. There was no vote taken that day. We were told to come in here to be able to vote on amendment 5012. Now we find out there is yet another amendment that was filed precisely at 2 p.m., amendment 5161, another omnibus amendment, which if taken up would rule out of order every one of the amendments the members worked so diligently last week to try to file to amendment 5012 in an attempt to have their concerns brought to the attention of the House. So the manipulation of the rules in order to push through a gaming bill, which I think is sullied by now by all of the problems that have come about, should give members pause. But now we have this internecine connection which is going on time and time again between people who were involved with the gaming industry, who had perhaps criminal connections, who are now recycled off of an ownership interest in a gaming agency, on to the board of a medical school, which, lo and behold, becomes the only one in the entire Commonwealth of Pennsylvania to have a restricted receipts account put into the Pennsylvania Higher Education Assistance Agency solely for students going to that-only institution. So I think there are a number of examples within this where the members should give great pause. But more than anything else, as the gentleman from Allegheny raised, the property tax relief, which was so vigorously defended as the goal of the members of the other side, which 181 members, including most of the members from the other side of the aisle, except for the leadership of the caucus on the other side of the aisle, voted for, now the members are going to be in the position of repudiating that vote for property tax relief some, oh, 3 hours later. So I would urge the members to vote "no" on the Santoni amendment, but also to raise the issue of just how far people are willing to go to force through gaming when we are now going to be forced to consider a late-filed amendment where all other amendments would be out of order. Thank you, Mr. Speaker. The SPEAKER. On the question, the Chair recognizes the gentleman from Montgomery County, Representative Vereb, for the second time. Mr. VEREB. Thank you, Mr. Speaker. Will the maker stand for an interrogation, please?

The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman, Mr. Vereb, is in order and may proceed. Mr. VEREB. Mr. Speaker, the gentleman from Philadelphia requested assurances of a vote that would eliminate this section of extension, which particularly affects Foxwoods. Did I understand him correctly that if you are supporting an amendment after this, that would eliminate this section that I interrogated you in regard to before? Mr. SANTONI. We have agreed to suspend the rules on the gentleman's amendment. Mr. VEREB. Agreed to suspension and to support his amendment, correct? Mr. SANTONI. We agreed to suspend for the amendment. Mr. VEREB. Mr. Speaker, one more time. Are you supporting an amendment or are you supporting suspension or are you supporting both? I am sorry; I could not hear you. Mr. SANTONI. One more time. I am supporting the amendment, the suspension on the amendment. Mr. VEREB. Mr. Speaker, I did not hear you. I apologize. I am not in the dinner line. Mr. SANTONI. One more time. Mr. VEREB. I heard you. Mr. Speaker, I heard you that time. The SPEAKER. The gentleman will yield. Mr. SANTONI. I am supporting the suspension on the Keller amendment. Mr. VEREB. In all due respect, I did not hear you the first two times. I did hear you the third, Mr. Speaker. Thank you. With that being said, there is a clear distinction behind suspension versus the amendment, so I need to interrogate just on some information I received since my first interrogation, Mr. Speaker. With regard to this language and how it supports Foxwoods— The SPEAKER. The gentleman, Mr. Vereb, are you on interrogation yet? Mr. VEREB. I am, Mr. Speaker. The SPEAKER. On the Santoni amendment. The gentleman may interrogate on the Santoni amendment. Mr. SANTONI. I am sorry, Mr. Speaker. Could you repeat that question? Mr. VEREB. I actually was in the middle of it, Mr. Speaker. Mr. SANTONI. I apologize. Mr. VEREB. In the first interrogation I spoke to you or interrogated you about the extension and how it would impact Foxwoods. We went through some great detail, and I noted you made an honest attempt to give me a date. But the Gaming Board awarded Foxwoods their license sometime in the month of December. I am in possession of a release from the Gaming Board, which I would be glad to send you, dated December 26, outlining a number of licenses to include Foxwoods. I can send that to you, Mr. Speaker, but obviously, you or I had no idea when that license was originally passed. We were taking a shot in the dark. But if we could use the December timeline of '06, if you do not mind, Mr. Speaker. Mr. SANTONI. Was that when it was approved or issued, Mr. Speaker? Because it would be issued when all appeals are exhausted, so I just was wondering if you had that information. Mr. VEREB. Mr. Speaker, I am of the understanding that it was approved in December of '06. Mr. SANTONI. Okay. And your question was?


Mr. VEREB. Under current law, since you are at the timeline of December of '06 as opposed to last summer, Mr. Speaker, your language will extend what? My understanding of the current law versus what your language will do, just with a different timeline, Mr. Speaker, going back to December of '06 when the license was awarded to Foxwoods. Mr. SANTONI. The law says from when the license was issued, not approved. Mr. VEREB. Mr. Speaker, do you know when that license was issued? Mr. SANTONI. I do not have the specific date, but it was not on the date that you communicated. Mr. VEREB. Mr. Speaker, if your amendment passes, will it add time to an order that was issued by the Pennsylvania Gaming Control Board – 2009-202 OCC, which is an extension from the Gaming Control Board until May 29 of 2011 – would your amendment push the timeline back an additional 2 years or 3 years or 1 year, Mr. Speaker? Mr. SANTONI. The board could extend the 1-year extension to 3 years based on the date of issuance, which is May 29, 2008. The SPEAKER. Has the gentleman concluded his interrogation? Mr. VEREB. No, Mr. Speaker. Mr. Speaker, I think we have some date clarifications. If the license was issued in June of '09, it is quite ironic that it was approved in December. I thought we were in a big hurry to get licenses opened. But nevertheless, not being a lawyer, I do appreciate the support of both staffs to get to this date. So in essence, Mr. Speaker, under current statute, if it was issued June 24 of '09, they could go until June 24 of 2011 under current statute. What is the date definite that your amendment would extend the Foxwoods license to, Mr. Speaker? Mr. SANTONI. The board would have the discretion to extend it another 12 months. Mr. VEREB. But your amendment, Mr. Speaker, would be beyond that 12 months. It would be an indefinite period that the board could approve, correct? Or do you have a restriction? Did you say 2 more years, your amendment, or indefinite? Mr. SANTONI. 1 more year. Mr. VEREB. Mr. Speaker, are you aware of any other license that is in need of these extensions? Mr. SANTONI. There are a couple other facilities that are in the process of hopefully opening and going through this process we are talking about. Mr. VEREB. Mr. Speaker, would not we agree that the urgency of college funding coming from what we are doing here today, would we not agree the sooner the better these facilities open? I understand Foxwoods' concern. I understood the other concern, SugarHouse in Philadelphia. Could you mention the other casinos, Mr. Speaker, that— I mean, obviously, somebody came to someone in the General Assembly, either the Senate or the House, to ask for this language to be put in. Do we have a specificity of why we are giving this additional time, Mr. Speaker? Mr. SANTONI. Yes, we do want these facilities to get up and running as soon as possible, but we believe that we should give some flexibility to the Gaming Control Board in this overall process. Mr. VEREB. Mr. Speaker, under our current law, category 3 licenses that— I will not even talk about the ones that were awarded to, just category 3 in general. What is the distance

between the category 3s of sitting current legislation versus your proposal? Mr. SANTONI. Fifteen linear miles on the current legislation, and my amendment would make it 30 for the new additional one category 3 proposed in the amendment. Mr. VEREB. Mr. Speaker, can I ask why we went from 15 to 30, Mr. Speaker? Mr. SANTONI. In negotiations with the State Senate, that is what was derived and what we came up with. Mr. VEREB. Mr. Speaker, there would have to be some type of data. These are very important meetings. You just do not go on, obviously, you know, an innuendo or suggestion. What generated the expansion, 15 additional miles to the radius, Mr. Speaker? Who was targeted in this expansion, Mr. Speaker? Mr. SANTONI. I do not know if anybody was targeted. It was part of the negotiation. Mr. VEREB. Mr. Speaker, can I ask if a licensee asked anyone in your office for this expansion of mileage? Mr. SANTONI. Mr. Speaker, no. Mr. VEREB. What does this do, Mr. Speaker, to the other category 3s that have been issued? We are now changing the mileage. What does it do to their application fees, and we are certainly changing the level of the playing field, are we not? Mr. SANTONI. It does not affect their license at all. Mr. VEREB. How do we know that, Mr. Speaker? Mr. SANTONI. Because that is what it says in the bill. The language in the bill addresses the fact that the two category 3s fall under the provisions of the old law, and the new category 1 being proposed in amendment 5012 falls under the 30-mile linear-mileage language that is in that amendment. Mr. VEREB. And we have no data to establish why we went to 30, Mr. Speaker? It is just a negotiation? Mr. SANTONI. I believe I answered that, Mr. Speaker. Mr. VEREB. On the amendment, Mr. Speaker. The SPEAKER. The gentleman is in order and may proceed. Mr. VEREB. Mr. Speaker, I was hoping that the agreement would have been not only a suspension but a support of the language to eliminate the extension to Foxwoods. We all know, Mr. Speaker, that amendment, that section of the amendment, is called the Foxwoods section. We all know what our colleagues are going through in Philadelphia with that, Mr. Speaker. I do not think that any licensee should be given all these extensions, specifically a licensee with deep roots to this building should be given extensions beyond what other licensees have had to deal with in this tough economy, Mr. Speaker. I am certainly not an advocate for the industry, but I do think the field should be level when we play here, Mr. Speaker. I also, as this will be my final time on this amendment, obviously bring into question how we go from 15 miles to 30 miles. It is sort of like the language overnight that went from 20 years to 15 years to be a convicted felon to get a license, Mr. Speaker. This seems to be an overnight saga that occurs, and we all know, we all know, just from conversations, Mr. Speaker, in the last week, what this 30-mile radius is about. We heard in the interrogation that there is no reason, except it was just a point of negotiations, that we went from 15 miles to 30 miles. There had to be a point, a justification, to increase the miles, Mr. Speaker. Unfortunately, the question was not answered. And these are the shenanigans that have changed since I voted for 711 under the agreement I made, and these are the shenanigans that this institution should not tolerate, and


these are the shenanigans that people are talking about, the 2004 gaming law. There are more lobbyists and more other interest groups involved in this law than you and I were on this floor. Mr. Speaker, we can sit here and close our eyes. We can close our eyes, but whether you read the Pocono Record, the Reading Eagle, or the Philadelphia Inquirer or the Post-Gazette, the articles are out there. The 2004 law is publicly reported under investigation, and to sit here and close our eyes and allow to go from 15 miles to 30 miles without an explanation and to allow this skulduggery to continue, Mr. Speaker, is nothing more than a farce. And I cannot believe, I cannot believe that what I voted on before and I agreed to, and I stand by that vote, has been manipulated and altered to what it is today overnight. I urge a "no" vote, Mr. Speaker. Thank you. The SPEAKER. The Chair recognizes the gentleman from Allegheny County, Mr. Vulakovich. Mr. VULAKOVICH. Would the maker of the bill stand for interrogation? The SPEAKER. The gentleman, Representative Santoni, indicates he will stand for interrogation. The gentleman is in order and may proceed. Mr. VULAKOVICH. My questions will be short, but I would like to speak on the bill afterwards. There was discussion on amendment A05161? The SPEAKER. The question before the House is amendment 5012. Mr. VULAKOVICH. I realize that. Okay. Let me say it a different way. A05012 is the exact same language in A05161, the exact same language of that late-filed amendment? Mr. SANTONI. The amendment that I have that we are on right now, Mr. Speaker, is amendment 5012. The amendment you are talking about is not in front of me. I would think there would probably be some changes, but I could not speak to those. I am on 5012 right now. Mr. VULAKOVICH. Okay. Good enough. The 15 to 30 miles, do you have any idea, if someone loses maybe a category 3 license and someone will pick up a license because it went to 30 miles, do you have any idea about that? Mr. SANTONI. I do not believe. That is not the case, no. That is not going to— It does not affect, as I said earlier, the mileage language in the amendment does not affect the current two category 3 licenses. It only affects the one, the forthcoming one, and, you know, the process will go as to who applies and goes before the Gaming Board, et cetera, et cetera. Mr. VULAKOVICH. And that was the reason for my question there. To speak on the bill, Mr. Speaker. The SPEAKER. The gentleman is in order and may proceed. Mr. VULAKOVICH. You know, there are a whole lot of us new people here that came on reform, and now we are doing a bill on gaming. This is 2004 all over again. I watched this at home on my TV set when this was all going on. I had the idea then when I watched it and I have the idea again – 2004. Now— No; that is right. Go ahead. One hundred thirty-two pages we are looking at here. There are a lot of changes in it, but there is one part in there, the special interests on the local share. I will tell you, that does not pass the smell test, because we are getting into something like WAM money (walking-around money) here. That is what we wanted to get away from – special interests and trying to get money in certain areas. This is wrong. This is absolutely wrong.

You know, I belong to the Gaming Oversight Committee. I am a part of that. When this bill got sent out, I saw three people on the other side say they wanted to move the process forward and get it on the floor to amend it, but now we are rewriting the whole bill, and even they do not like what they saw. I heard about the maker of the bill talk about the integrity of the gaming industry, and yet the one foundation reform of transferring from the BIE (Bureau of Investigations and Enforcement) to the AG's (Attorney General's) Office is not even in there. We are going to let these people police themselves, and we saw what has happened. We do not need to make that mistake a second time. And I personally, I will not give my vote to this amendment, and one of the reasons is that if we have gone this far and we are doing this now, this needs to go back to committee and be totally redone right from the start to make this right. I heard about different members on both sides that you spoke to, staff members you talked to – you never talked to me. I will be voting against this amendment. Thank you. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the amendment? The following roll call was recorded: YEAS–97 Barbin Donatucci Kotik Preston Belfanti Drucker Kula Readshaw Beyer Eachus Levdansky Roebuck Bishop Evans, D. Longietti Sabatina Boyle Fabrizio Mahoney Sainato Brennan Frankel Manderino Samuelson Briggs Freeman Mann Santoni Brown Galloway Markosek Seip Burns George Matzie Siptroth Buxton Gerber McGeehan Smith, K. Caltagirone Gergely McI. Smith Solobay Carroll Gibbons Melio Staback Casorio Godshall Micozzie Sturla Cohen Goodman Mirabito Wagner Conklin Grucela Mundy Walko Costa, D. Haluska Murphy Wansacz Costa, P. Hanna Myers Waters Curry Harhai Oliver Wheatley Daley Harkins Pallone White Deasy Johnson Parker Williams DeLuca Josephs Pashinski Yudichak DePasquale Keller, W. Payton Dermody Kessler Perzel McCall, DeWeese Kirkland Petrarca Speaker DiGirolamo Kortz Petri NAYS–95 Adolph Fleck Marsico Roae Baker Gabig Metcalfe Rock Barrar Gabler Metzgar Ross Bear Geist Millard Santarsiero Benninghoff Gillespie Miller Saylor Boback Gingrich Milne Scavello Boyd Grell Moul Shapiro Bradford Grove Murt Smith, M. Brooks Harhart Mustio Smith, S. Causer Harper O'Brien, D. Sonney Christiana Harris O'Brien, M. Stern Clymer Hennessey O'Neill Stevenson Cox Hess Oberlander Swanger Creighton Houghton Payne Tallman

2009 LEGISLATIVE JOURNAL—HOUSE 2607 Cruz Hutchinson Peifer Taylor, R. Cutler Kauffman Phillips Thomas Dally Keller, M.K. Pickett True Day Killion Pyle Turzai Denlinger Knowles Quigley Vereb Ellis Krieger Quinn Vitali Evans, J. Lentz Rapp Vulakovich Everett Maher Reed Watson Fairchild Major Reese Youngblood Farry Marshall Reichley NOT VOTING–0 EXCUSED–10 Civera Hickernell Perry Schroder Delozier Hornaman Rohrer Taylor, J. Helm Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended?

MOTION TO SUSPEND RULES

The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Representative Keller, who makes a motion to suspend the rules for the purpose of offering amendment A05061, which the clerk will read. The clerk read the following amendment No. A05061:

Amend Bill, page 31, line 45 (A05012), by striking out the bracket before "not"

Amend Bill, page 31, lines 46 and 47 (A05012), by striking out "] ending on the later of 36 months from" in line 46 and "the end of the initial one-year period or December 31, 2012" in line 47 On the question, Will the House agree to the motion? Mr. W. KELLER. Thank you, Mr. Speaker. The SPEAKER. The gentleman will yield. The question before the House is, will the House suspend the rules for the immediate consideration of amendment A05061? On that question, the Chair recognizes the gentleman from Philadelphia County, Representative Keller. Mr. W. KELLER. Thank you, Mr. Speaker. I rise and ask everyone to join in the suspension vote. We had a lot of discussion about the extension of the licenses. This amendment, if we agree for the extension – there has been a lot of discussion about extension of the Foxwoods license, and not only Foxwoods but the licenses in general – if we vote for this, we can then get to the amendment and the amendment will take away the extension of the license and it will take it back to the original language. I ask for support on this motion to suspend. The SPEAKER. On the question of suspension of the rules, the Chair recognizes the gentleman from Luzerne County, the majority leader, Representative Eachus.

Mr. EACHUS. Thank you, Mr. Speaker. I rise to support the gentleman's motion for suspension. Thank you. On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–129 Adolph Eachus Longietti Reichley Barbin Evans, D. Maher Roebuck Belfanti Evans, J. Mahoney Sabatina Beyer Fabrizio Manderino Sainato Bishop Farry Mann Samuelson Boyle Frankel Markosek Santarsiero Bradford Freeman Marsico Santoni Brennan Galloway Matzie Seip Briggs George McGeehan Shapiro Brooks Gerber McI. Smith Siptroth Brown Gergely Melio Smith, K. Burns Gibbons Micozzie Smith, M. Buxton Godshall Mirabito Solobay Caltagirone Goodman Mundy Staback Carroll Grucela Murphy Sturla Casorio Haluska Mustio Taylor, R. Cohen Hanna Myers Thomas Conklin Harhai O'Brien, D. Vereb Costa, D. Harhart O'Brien, M. Vitali Costa, P. Harkins O'Neill Wagner Creighton Harper Oliver Walko Cruz Houghton Pallone Wansacz Curry Johnson Parker Waters Daley Josephs Pashinski Watson Dally Keller, W. Payne Wheatley Deasy Kessler Payton White DeLuca Killion Perzel Williams DePasquale Kirkland Petrarca Youngblood Dermody Kortz Petri Yudichak DeWeese Kotik Preston DiGirolamo Kula Quigley McCall, Donatucci Lentz Quinn Speaker Drucker Levdansky Readshaw NAYS–63 Baker Fleck Major Reese Barrar Gabig Marshall Roae Bear Gabler Metcalfe Rock Benninghoff Geist Metzgar Ross Boback Gillespie Millard Saylor Boyd Gingrich Miller Scavello Causer Grell Milne Smith, S. Christiana Grove Moul Sonney Clymer Harris Murt Stern Cox Hennessey Oberlander Stevenson Cutler Hess Peifer Swanger Day Hutchinson Phillips Tallman Denlinger Kauffman Pickett True Ellis Keller, M.K. Pyle Turzai Everett Knowles Rapp Vulakovich Fairchild Krieger Reed NOT VOTING–0 EXCUSED–10 Civera Hickernell Perry Schroder Delozier Hornaman Rohrer Taylor, J. Helm Miccarelli


Less than a majority of the members required by the rules having voted in the affirmative, the question was determined in the negative and the motion was not agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, could I have a moment at ease – for a moment, please? Would that be all right with the members? The SPEAKER. The House will be at ease. Mr. EACHUS. Thank you. The SPEAKER. The House will come to order.

MOTION FOR PREVIOUS QUESTION

The SPEAKER. The Chair recognizes the gentleman from Philadelphia County, Representative Oliver, for the purpose of making a motion. Mr. OLIVER. Yes, Mr. Speaker. The SPEAKER. The gentleman will state his motion. Mr. OLIVER. Thank you, Mr. Speaker. Mr. Speaker, it has been a long day. We have not accomplished as much as I, in my opinion, think we should have. And I think most of us are tired, and because of that, Mr. Speaker, I move for the previous question. The SPEAKER. The Chair thanks the gentleman. The gentleman, Representative Oliver, pursuant to rule 61, moves the previous question on SB 711. Those members who support the motion will need to second the motion and will stand and remain standing until their names are recorded. Twenty seconds to moving the previous question are required for the motion. The gentleman, Mr. Preston; the gentleman, Mr. Dermody; the gentleman, Mr. Carroll; the gentleman, Mr. Pashinski; the gentleman, Mr. Solobay; the gentleman, Mr. Eachus; the gentleman, Mr. DeWeese; the gentleman, Mr. Dwight Evans; the gentleman, Mr. Grucela; the gentleman, Mr. Sturla; the gentleman, Mr. Siptroth; the gentleman, Mr. Buxton; the gentlelady, Miss Mann; the gentleman, Mr. Oliver, who made the motion – no need to second, Mr. Oliver; the gentleman, Mr. Waters; the gentleman, Mr. Donatucci; the gentleman, Mr. Williams; the gentleman, Mr. Kirkland; the gentlelady, Ms. Josephs; the gentleman, Mr. Cohen; the gentleman, Mr. Curry. The motion for the previous question has been made and properly seconded. A motion for the previous question, seconded by 20 members and sustained by a majority of the members present, shall put an end to all debate and bring the House to an immediate vote on the question. On the question, Will the House agree to the motion?


The SPEAKER. For what purpose does the gentleman, Mr. Maher, rise? Mr. MAHER. Thank you, Mr. Speaker. I am just rising on a parliamentary point to emphasize that the end to all debate only occurs if this motion is sustained, and I would like to be recognized on the motion. The SPEAKER. Now, that is not correct, Mr. Maher. Mr. MAHER. You just read the rule, Mr. Speaker: "A motion for the previous question, seconded by 20 members and sustained by a majority of the members present, shall put an end to all debate...." If it had meant that it would put an end to all debate before it was sustained by the members, it would say "a motion for the previous question, seconded by 20 members, shall put an end to all debate." The "putting an end to all debate" happens after the vote on the question, and I believe it is a debatable motion. The SPEAKER. It is not a debatable motion. The purpose of moving the previous question is to end all debate and bring the question before the House for an immediate vote.

RULING OF CHAIR APPEALED

Mr. MAHER. Then I would like to appeal the decision of the Chair, Mr. Speaker. The SPEAKER. The gentleman, Representative Maher, has appealed the decision of the Chair. The decision is that all debate is concluded with the institution of the calling of the previous question under rule 61. On the question, Shall the decision of the Chair stand as the judgment of the House? The SPEAKER. On the question, the Chair recognizes the gentleman from Allegheny County, Representative Maher. Mr. MAHER. Thank you, Mr. Speaker. We adopted an amendment this evening depending upon the change of a single vote. It was 132 pages long. That was about the ninth omnibus amendment filed to this bill since it would have been previously adopted on second consideration. And there were a number of members who quite diligently followed the process, followed the progress, and filed appropriate amendments that would be in order. A vote to support the decision of the Chair would mean that we would not be able to talk about Mr. Ed, who, by the way, the songwriter is from McDonald in Washington County. You know that one: "A horse is a horse, of course, of course…." The SPEAKER. The gentleman— Mr. MAHER. And this bill right now prejudices Pennsylvania horses, and there are amendments that could repair that. The rule is simple: "A motion for the previous question, seconded by 20 members and sustained by a majority..., shall put an end to all debate...." If this rule was intended that 20 people by themselves could stifle this entire chamber, I assure you, Mr. Speaker, that there will be opportunities for 20 members on this side to choose to stifle all debate. But that cannot possibly be the right answer, that 20 people can outweigh 203. It does not make any sense.


The rule is clear. I hope you will allow the debate on this so that we can talk about Pennsylvania agriculture and how elements that were unanimously adopted on second consideration have now been stripped away. Thank you, Mr. Speaker. The SPEAKER. The Chair recognizes the gentleman from Northumberland County, Representative Belfanti. Mr. BELFANTI. Thank you, Mr. Speaker. Mr. Speaker, I have been in the majority, minority, and back and forth several times, and every time in my recollection that a motion was made to move the previous question, the debate was limited between the floor leaders and it was not an open debate, because there is nothing before the House other than moving the previous question. I do not believe that even a motion to appeal the ruling of the Chair is in order. I could be wrong, but I doubt it. I think that that motion was not in order and the floor leaders are the only people recognized to debate on this question. The SPEAKER. Just for the information of the members, this is Mason's Manual: "The previous question is undebatable and cannot be amended nor have any other subsidiary motion applied to it." That is Mason's Manual. In debate between Representative Manderino and the then Speaker of the House Jack Seltzer, they agree that the motion is not debatable, but Mr. Manderino went on to further assert that a statement can be made by the majority and the minority leader. "...the Chair would suggest" – and this was Speaker Lee – "...the Chair would suggest that it would be proper for a majority and minority leader to make a brief statement on the motion; not to debate..." the motion, "but to make a brief statement of their position on the motion." On the question, the Chair recognizes the minority leader, Representative Smith. Mr. S. SMITH. Thank you, Mr. Speaker. Just so we are clear what we are talking about, you have ruled that a motion, the previous question that was just made and seconded, that it is not debatable, period, no comment by anybody, nothing at all. Is that correct? The SPEAKER. That is correct. My decision is that it is not a debatable motion; however, that the Speaker would allow for a brief statement, just echoing the sentiments of then Speaker Lee that the minority leader and majority leader may make a brief statement, not debate the issue but a brief statement on their position of the motion. Mr. S. SMITH. Thank you, Mr. Speaker. I appreciate the clarification. I just wanted to make sure I understood what you were actually stating. I tend to agree with the gentleman from Allegheny County that the way the rule is written, that it says that the motion to move the previous question would cut off debate on the bill and/or any amendments that may be pending. I do not think the way the rule is written that it specifically says that there would be no debate on whether or not to vote for the motion, the motion to move the previous question. But I will not belabor the point. I think we are all pretty clear on where this is. So I just wanted to state that, that I think members to say why they would support or why they would oppose the movement of the previous question is not necessarily out of order, if that is what the House were to decide. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman, and again will reiterate the Chair's position that the motion is a

nondebatable motion, and the gentleman, Mr. Maher, has appealed that decision. On that question of the appeal of the decision, those voting to sustain— On the question, the motion to appeal the ruling of the Chair is debatable one time. The Chair recognizes the gentleman from Allegheny County, Representative Preston, on the appeal of the Chair. Mr. PRESTON. Thank you, Mr. Speaker. I am at a loss. I am looking at page 249 of Mason's Manual, section 349, "Previous Question – Debate and Subsidiary Motions." Part 1 reads, "The previous question is undebatable and cannot be amended nor have any other subsidiary motion applied to it. It may not be debated nor amended because the purpose of the motion is to prevent further debate and amendment and to bring the matter immediately to vote. The motion cannot be laid on the table, postponed, nor referred to committee because it is a subsidiary motion of such a nature that a decision is required before other action may be taken. The previous question requires an immediate vote on the main question and adhering subsidiary questions.... The form of the previous question is fixed by parliamentary usage and for that reason also it is not subject to amendment. "When the previous question is moved on the motion to reconsider, the previous question applies only to that motion." The SPEAKER. On the motion before the House appealing the decision of the Chair, those voting to sustain the decision of the Chair will vote "aye"— The Chair rescinds the statement and recognizes the gentleman from Montgomery County, Representative Vereb, on the motion to appeal the ruling of the Chair. Mr. VEREB. Mr. Speaker, could I interrogate the maker of the motion, please? The SPEAKER. Not on the appeal of the motion of the Chair. That would be out of order.


Mr. VEREB. Mr. Speaker, may I make an inquiry of the Chair, please? The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. VEREB. The ruling of the Chair that we are debating, if Mr. Maher's motion fails and your position, your decision stands, could you explain to the newer members here, because I am at a loss, it brings what to a vote, Mr. Speaker? The entire, all the amendments? Does this bring us to a third consideration vote? I thought we already voted on the last amendment. What exactly— The SPEAKER. It would bring the question, the previous question before the House, to an immediate vote, which would be the bill going from second consideration to third consideration. And we have a motion filed by members that there be a roll-call vote, taking the bill from second to third consideration. Mr. VEREB. So not only are we cutting off debate, Mr. Speaker, we are now going to blow this thing to third consideration as quick as we took it from third to second? The SPEAKER. The question before the House will be, will they agree to the bill on second to third consideration? Mr. VEREB. Okay, but the action will not be on third tonight, Mr. Speaker?


The SPEAKER. That is correct. Mr. VEREB. And there will be no further amendments debatable if this motion goes through? The SPEAKER. That is correct. Mr. VEREB. Thank you, Mr. Speaker. The SPEAKER. Those voting to sustain—


The SPEAKER. The Chair recognizes the gentleman from Westmoreland County, Representative Pallone. Mr. PALLONE. Thank you, Mr. Speaker. A parliamentary inquiry. The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. PALLONE. If Mason's Manual states that there is no debate on a motion to call the previous question, and in Robert's Rules of Order, I believe it is section 16 that says there is no debate on a motion to call the previous question, then is it not conclusive to say that this motion would be out of order anyway because both of our ruling guides say that there is no debate? The SPEAKER. Well, we would agree with you, but the gentleman is appealing that ruling of the Chair's interpretation of the rules. Mr. PALLONE. All right. Thank you, Mr. Speaker. The SPEAKER. Those voting to sustain the decision of the Chair— The Chair recognizes the gentleman from Adams County, Representative Tallman. Mr. TALLMAN. Thank you, Mr. Speaker. Just real quick. At least in my simple understanding of the procedure that we are going to do here and vote on is we are going to shortchange the people of Pennsylvania's voice— The SPEAKER. The gentleman will yield. The gentleman will yield. The question before the House is appealing the motion or the decision made by the Chair. Mr. TALLMAN. I understand that. The SPEAKER. Not on the substance of the previous question. Mr. TALLMAN. Thank you. The SPEAKER. Those voting to sustain the decision of the Chair will vote "aye"; those voting to overturn the decision of the Chair will vote "nay." The Chair recognizes the gentleman from Butler County, Representative Metcalfe. Mr. METCALFE. Thank you, Mr. Speaker. Mr. Speaker, I rise in support of the gentleman from Allegheny County's motion that the Chair's ruling should be appealed, Mr. Speaker. Because, Mr. Speaker, I think to allow a rule that seems to be very clear in our language, even though it might contradict what is written in some of the previous readings and even maybe some of the traditions of the House, I think that the language of the rule is very clear that the majority of the members should be deciding if we actually move to the previous question once the motion has been made by 20 members, Mr. Speaker. Mr. Speaker, I think that what the previous speaker was trying to say was that by not appealing, by not overriding the

Chair's ruling, we will be stopping any transparency that the people of Pennsylvania have been demanding, Mr. Speaker. So, Mr. Speaker, we clearly have to overrule the ruling of the Chair— The SPEAKER. The gentleman will yield. The gentleman will confine his remarks to the motion on the appeal of the Chair. Mr. METCALFE. Thank you, Mr. Speaker. I appreciate the assistance of your members that brought your attention to that, even though you were involved in other conversation, Mr. Speaker, the same with the transparency of these proceedings, Mr. Speaker. The SPEAKER. The gentleman is out of order. The gentleman is out of order. The gentleman is out of order. On the question, for what purpose does the gentleman, Mr. Gabler, rise? Mr. GABLER. A point of parliamentary inquiry, Mr. Speaker. The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. GABLER. I will waive. The SPEAKER. The gentleman waives off. For what purpose does the gentleman, Mr. Oliver, rise? Mr. OLIVER. Mr. Speaker, I made a motion and it was properly seconded, Mr. Speaker, and I think I should be honored with my request. The gentleman has the right to appeal the motion made by the Chair that the issue is not debatable. So the question before the House is the motion of the appeal of the Chair, and there is precedent to show that.


The SPEAKER. On the question of the appeal of the Chair, the Chair recognizes the gentleman from Cumberland County, Representative Gabig, on the question. Mr. GABIG. May I ask a parliamentary inquiry? The SPEAKER. The gentleman will state his parliamentary inquiry. Mr. GABIG. Here is, I guess, maybe some of the confusion that I am having: What is the question that was previous that we are going back to? The last thing I remember is the Keller suspension vote. We were done with that, there was a big talk up on the dais, and then what vote are we going back to? What is being called no more debate on? The SPEAKER. The appeal of the Chair is that the motion made by the gentleman, Mr. Oliver, under rule 61 in moving the previous question, that it is not debatable. The gentleman, Mr. Maher, has argued that it is in fact a debatable motion. It is the Chair's ruling that it is not debatable. On the question. Mr. GABIG. Whether it is debatable or not, what is the question that we are saying there is no debate to? The SPEAKER. In moving the previous question. Mr. GABIG. On what, though? Do you not have to move the previous question to a certain topic or vote? The SPEAKER. Moving the previous question on SB 711 to call it to an immediate vote from second consideration to third consideration.


Mr. GABIG. But that was not on the board. You never called 711. We were doing amendments, and there was not even an amendment on the board, because the Keller amendment had asked for a suspension and we did not get there. The SPEAKER. The gentleman, Mr. Oliver, made a motion to move the previous question on SB 711. Mr. GABIG. So are we going to third? We are skipping second and going to third? The SPEAKER. It will be a roll-call vote from second consideration to third consideration. The question is on the appeal— Mr. GABIG. Is this going to be final passage if we defeat this? Are we going to send it to the Senate when we are done? The SPEAKER. Mr. Gabig, the question before the House is the appeal of the Chair as to whether or not the motion is debatable or not debatable. That is the question before the House. Mr. GABIG. All right. But you are saying the issue, and I am just asking what issue— The SPEAKER. We are not talking about the issues, Mr. Gabig. The question before the House is whether or not the issue is debatable or not debatable, not the substance of 711 or anything else. That was the ruling made by the Chair.

MOTION TO ADJOURN

The SPEAKER. On that question. Mr. GABIG. All right. Mr. Speaker, I guess we are so very tired, I am not even following what you are saying anymore. I would move to adjourn so we can come back tomorrow fresh; we are clear on what we are doing; we will have time to discuss these matters. Mr. Oliver can get some rest and come back so we can do the people's business. I would move to adjourn, Mr. Speaker. The SPEAKER. The gentleman, Mr. Gabig, has made a motion that this House do now adjourn. The motion takes precedence over all motions before the House. On the question, Will the House agree to the motion? The SPEAKER. On the question, the Chair recognizes the gentleman from Luzerne County, Representative Eachus. Mr. EACHUS. Thank you, Mr. Speaker. Mr. Speaker, may I get some order in the chamber, please? The SPEAKER. The House will come to order. Members will please take their seats. The House will come to order.

MOTION WITHDRAWN The SPEAKER. For what purpose does the gentleman, Mr. Gabig, rise? Mr. GABIG. Thank you, Mr. Speaker. After further consideration, I know we are all tired and maybe I got a little sleepy there myself, I am going to withdraw that motion and we will proceed to the previous question of the previous question on the issues that we had not quite called up yet. Thank you, Mr. Speaker.

On the question recurring, Shall the decision of the Chair stand as the judgment of the House?

APPEAL WITHDRAWN The SPEAKER. On the motion of the appeal of the Chair— You already spoke once, Mr. Maher, on the motion. For what purpose does the gentleman rise? Mr. MAHER. Mr. Speaker, I think this is an important question, but I think Mr. Gabig is right that certain people are pretty tired in this chamber, and— The SPEAKER. For what purpose does the gentleman rise? Mr. MAHER. So I am going to withdraw my appeal of the decision of the Chair, Mr. Speaker, so we can proceed with all due speed. The SPEAKER. The Chair thanks the gentleman. On the question recurring, Will the House agree to the motion? The SPEAKER. On the motion for the previous question, the motion for the previous question has been made and properly seconded. An "aye" vote is a vote to end debate and to take an immediate vote on the question. Those in favor of the motion will vote "aye"; those opposed to the motion will vote "nay." On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–102 Barbin Drucker Lentz Sainato Belfanti Eachus Levdansky Santarsiero Bishop Evans, D. Longietti Santoni Boyle Fabrizio Mahoney Seip Bradford Frankel Manderino Shapiro Brennan Freeman Mann Siptroth Briggs Galloway Markosek Smith, K. Brown George Matzie Smith, M. Burns Gerber McGeehan Solobay Buxton Gergely McI. Smith Staback Caltagirone Gibbons Melio Sturla Carroll Goodman Mirabito Taylor, R. Casorio Grucela Mundy Thomas Cohen Haluska Murphy Vitali Conklin Hanna Myers Wagner Costa, D. Harhai O'Brien, M. Walko Costa, P. Harkins Oliver Wansacz Cruz Houghton Pallone Waters Curry Johnson Parker Wheatley Daley Josephs Pashinski White Deasy Keller, W. Payton Williams DeLuca Kessler Petrarca Youngblood DePasquale Kirkland Preston Yudichak Dermody Kortz Readshaw DeWeese Kotik Roebuck McCall, Donatucci Kula Sabatina Speaker NAYS–90 Adolph Farry Marshall Quinn Baker Fleck Marsico Rapp Barrar Gabig Metcalfe Reed

2612 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Bear Gabler Metzgar Reese Benninghoff Geist Micozzie Reichley Beyer Gillespie Millard Roae Boback Gingrich Miller Rock Boyd Godshall Milne Ross Brooks Grell Moul Samuelson Causer Grove Murt Saylor Christiana Harhart Mustio Scavello Clymer Harper O'Brien, D. Smith, S. Cox Harris O'Neill Sonney Creighton Hennessey Oberlander Stern Cutler Hess Payne Stevenson Dally Hutchinson Peifer Swanger Day Kauffman Perzel Tallman Denlinger Keller, M.K. Petri True DiGirolamo Killion Phillips Turzai Ellis Knowles Pickett Vereb Evans, J. Krieger Pyle Vulakovich Everett Maher Quigley Watson Fairchild Major NOT VOTING–0 EXCUSED–10 Civera Hickernell Perry Schroder Delozier Hornaman Rohrer Taylor, J. Helm Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to. On the question recurring, Will the House agree to the bill on second consideration as amended? The SPEAKER. The question before the House is, will the House agree to the bill? Pursuant to rule 62, the undersigned Representative Brian Ellis and Representative John Maher have requested a roll-call vote on second consideration of SB 711, PN 1468. On the question recurring, Will the House agree to the bill on second consideration as amended? The following roll call was recorded: YEAS–98 Barbin Donatucci Kula Readshaw Belfanti Drucker Lentz Roebuck Beyer Eachus Levdansky Sabatina Bishop Evans, D. Longietti Sainato Boyle Fabrizio Mahoney Samuelson Brennan Frankel Manderino Santoni Briggs Freeman Mann Seip Brown Galloway Markosek Shapiro Burns George Matzie Siptroth Buxton Gerber McGeehan Smith, K. Caltagirone Gergely McI. Smith Smith, M. Carroll Gibbons Melio Solobay Casorio Godshall Micozzie Staback Cohen Goodman Mirabito Sturla Conklin Grucela Mundy Taylor, R. Costa, D. Haluska Murphy Wagner Costa, P. Hanna Myers Walko Curry Harhai Oliver Wansacz

Daley Harkins Pallone Waters Deasy Johnson Parker Wheatley DeLuca Josephs Pashinski White DePasquale Kessler Payton Williams Dermody Kirkland Perzel DeWeese Kortz Petrarca McCall, DiGirolamo Kotik Preston Speaker NAYS–94 Adolph Fleck Marsico Reese Baker Gabig Metcalfe Reichley Barrar Gabler Metzgar Roae Bear Geist Millard Rock Benninghoff Gillespie Miller Ross Boback Gingrich Milne Santarsiero Boyd Grell Moul Saylor Bradford Grove Murt Scavello Brooks Harhart Mustio Smith, S. Causer Harper O'Brien, D. Sonney Christiana Harris O'Brien, M. Stern Clymer Hennessey O'Neill Stevenson Cox Hess Oberlander Swanger Creighton Houghton Payne Tallman Cruz Hutchinson Peifer Thomas Cutler Kauffman Petri True Dally Keller, M.K. Phillips Turzai Day Keller, W. Pickett Vereb Denlinger Killion Pyle Vitali Ellis Knowles Quigley Vulakovich Evans, J. Krieger Quinn Watson Everett Maher Rapp Youngblood Fairchild Major Reed Yudichak Farry Marshall NOT VOTING–0 EXCUSED–10 Civera Hickernell Perry Schroder Delozier Hornaman Rohrer Taylor, J. Helm Miccarelli The majority having voted in the affirmative, the question was determined in the affirmative and the bill as amended was agreed to. (Bill as amended will be reprinted.) The SPEAKER. The House will be at ease. The House will come to order.

HB 1685 RECONSIDERED

The SPEAKER. The Chair has in its possession a reconsideration of a vote filed by Representative Eachus and Representative Ken Smith, who move that the vote by which HB 1685, PN 2774, failed on the 8th day of December 2009 be reconsidered. On the question, Will the House agree to the motion? The SPEAKER. The Chair recognizes the gentleman, Representative Maher, on the motion to reconsider the vote.


Mr. MAHER. Mr. Speaker, the gentleman from Philadelphia who moved for the previous question to stifle public discussion of all sorts of timely filed amendments to the table games bill expressed that his interest was that— The SPEAKER. The gentleman will yield. Is the gentleman stating a point of parliamentary inquiry? Mr. MAHER. I am speaking on the motion to reconsider, Mr. Speaker. The SPEAKER. On the motion to reconsider HB 1685. Mr. MAHER. That is correct, Mr. Speaker. The SPEAKER. The gentleman may proceed. Mr. MAHER. This House just dispensed with all sorts of timely filed amendments to the table games bill, including amendments that would have dealt with putting these licenses out to auction, dealing with integrity— The SPEAKER. The gentleman will yield. Mr. MAHER. I am dealing with the reconsideration, Mr. Speaker. The SPEAKER. Reconsideration of HB 1685. Mr. MAHER. Yes, Mr. Speaker. The SPEAKER. Not on table games. Mr. MAHER. And there was such a hurry, such a hurry because people were tired. People wanted to be done with the business of the day. The SPEAKER. The gentleman will yield. Mr. MAHER. Now— The SPEAKER. The gentleman is out of order. The question before the House is the motion to reconsider the vote by which HB 1685 failed. That is the question that the gentleman should be speaking to. The gentleman will proceed.

MOTION TO ADJOURN

Mr. MAHER. Thank you, Mr. Speaker. I am going to oppose the motion at this time because of the tired people who were too tired, too tired to consider important amendments on the prior bill. And therefore, I am going to make a motion that we adjourn until tomorrow at 11, Mr. Speaker. The SPEAKER. The gentleman's motion is in order. The gentleman from Allegheny County moves that this House do now adjourn until tomorrow morning— What time, Mr. Maher, tomorrow morning? 11 a.m.? Mr. MAHER. I am getting a lot of recommendations, Mr. Speaker, but I would ask that we adjourn until the time that was appointed when the session schedule was established – 11 a.m. tomorrow. The SPEAKER. The gentleman, Mr. Maher, moves that this House do now adjourn until Tuesday, December 15, at 11 a.m. On the question, Will the House agree to the motion? The SPEAKER. On the motion to adjourn, the Chair recognizes the majority leader, Representative Eachus. Mr. EACHUS. Mr. Speaker, could I just have a moment to consider the gentleman's motion? Just a moment, please? Thank you. The SPEAKER. The House will be at ease.

The House will come to order.

MOTION WITHDRAWN The SPEAKER. The Chair recognizes the gentleman from Allegheny, Representative Maher. Mr. MAHER. Thank you, Mr. Speaker. I have got plenty of energy and it seems like the chamber has revived somehow, so I am going to withdraw the motion to adjourn, because I hope that the Republican effort to fund the Pennsylvania State University, the University of Pittsburgh, Temple University, and Lincoln University can proceed with all due haste this evening. I hope you can stay awake for that. Thank you, Mr. Speaker. On the question recurring, Will the House agree to the motion? The SPEAKER. On the motion to reconsider the vote, those in favor of reconsideration will vote "aye"; those opposed, "nay." On the question recurring, Will the House agree to the motion? (Members proceeded to vote.)

LEAVE OF ABSENCE

The SPEAKER. The Chair recognizes the minority whip, Representative Turzai, turning to leaves of absence, who requests a leave for the gentleman from Philadelphia County, Representative Denny O'BRIEN, who requests a leave. Without objection, the leave will be granted.

HB 1685 RECONSIDERATION CONTINUED

On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–160 Adolph Evans, J. Major Roebuck Baker Fabrizio Manderino Ross Barbin Fairchild Mann Sabatina Barrar Farry Markosek Sainato Bear Fleck Marshall Samuelson Belfanti Frankel Matzie Santarsiero Bishop Freeman McGeehan Santoni Boback Galloway McI. Smith Saylor Boyle Geist Melio Shapiro Bradford George Micozzie Siptroth Brennan Gerber Millard Smith, K. Briggs Gergely Miller Smith, M. Brooks Gibbons Milne Smith, S. Brown Gingrich Mirabito Solobay Burns Godshall Mundy Sonney Buxton Goodman Murphy Staback Caltagirone Grell Murt Stern Carroll Grucela Mustio Stevenson Casorio Hanna Myers Sturla Christiana Harhai O'Brien, M. Swanger

2614 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Clymer Harhart O'Neill Taylor, R. Cohen Harkins Oliver Thomas Conklin Harper Pallone True Costa, D. Harris Parker Turzai Costa, P. Hennessey Pashinski Vereb Cruz Hess Payne Vitali Curry Houghton Payton Vulakovich Daley Johnson Peifer Wagner Dally Josephs Petrarca Walko Deasy Keller, W. Petri Wansacz DeLuca Kessler Phillips Waters Denlinger Killion Pickett Watson DePasquale Kirkland Preston Wheatley Dermody Knowles Pyle White DeWeese Kortz Quigley Williams DiGirolamo Kotik Quinn Youngblood Donatucci Kula Readshaw Yudichak Drucker Lentz Reed Eachus Levdansky Reese McCall, Ellis Longietti Reichley Speaker Evans, D. Mahoney NAYS–31 Benninghoff Everett Keller, M.K. Perzel Beyer Gabig Krieger Rapp Boyd Gabler Maher Roae Causer Gillespie Marsico Rock Cox Grove Metcalfe Scavello Creighton Haluska Metzgar Seip Cutler Hutchinson Moul Tallman Day Kauffman Oberlander NOT VOTING–0 EXCUSED–11 Civera Hickernell O'Brien, D. Schroder Delozier Hornaman Perry Taylor, J. Helm Miccarelli Rohrer The majority having voted in the affirmative, the question was determined in the affirmative and the motion was agreed to.

BILL ON FINAL PASSAGE

The House proceeded to consideration on final passage of HB 1685, PN 2774, entitled:

An Act making an appropriation to the Everhart Museum in Scranton for operating expenses. On the question recurring, Shall the bill pass finally? The SPEAKER. On the question, the Chair recognizes the gentlelady from Bucks County, Representative Watson. Mrs. WATSON. Thank you, Mr. Speaker. No prep, no anything. I have had it. Pursuant to rule 17, I move for a special order of business to call up from the calendar SBs 1036, 37, 38, 39, and 40. We need to do the State-related universities first.

MOTION TO POSTPONE

The SPEAKER. The gentlelady will have to make a motion to postpone consideration of HB 1685.

Mrs. WATSON. Mr. Speaker, respectfully to you, I make a motion to postpone voting on HB 1685. The SPEAKER. The gentlelady, Representative Watson, moves that the House postpone consideration of HB 1685. On the question, Will the House agree to the motion? The SPEAKER. On that question to postpone, the Chair recognizes the gentleman from Luzerne County, the majority leader, Representative Eachus. Mr. EACHUS. Respectfully to the gentlelady, I know she is a very committed person as it relates to these issues. We have had our debate. We dealt with the lady's motions a few nights ago. And I respectfully ask, in the spirit of bipartisanship tonight – there are a lot of cynics out there, Lord, but I am trying – in the spirit of bipartisanship, I would like to be able to once again, as majority leader, choose the order. That is the way it works. And I respectfully oppose the lady's motion of postponement, and let us get on with all the museums tonight, all the nonpreferred colleges and universities, and let us put that chapter behind us. Thank you. The SPEAKER. On the motion to postpone, the Chair recognizes the gentleman from Jefferson County, the minority leader, Representative Smith. Mr. S. SMITH. Thank you, Mr. Speaker. Of course, it is a little easier to feel bipartisan when you have not just had a motion to move the previous question a few minutes before. Mr. Speaker, I have to support the motion to postpone. We made it clear that we think it is proper to send the Senate bills that are the nonpreferred appropriations for Pitt, Penn State, Temple, and Lincoln, and I think there is one other one – for the vet school. Those are Senate bills. Those can go straight to the Governor's desk. These are House bills, Mr. Speaker. They are not going to be considered immediately anyway by the Senate. Had they been a part of the overall agreement, I think the Senate would have sent Senate bills over that fund these. And frankly, we are not opposed to running these later today or tonight. We just think that the nonpreferreds for Pitt, Penn State, Temple, Lincoln, and the Penn Vet School should be sent to the Governor's desk as soon as possible. Thank you, Mr. Speaker. The SPEAKER. The Chair thanks the gentleman. On the motion to postpone, does the gentlelady wish to be recognized? Mrs. WATSON. Yes, sir, briefly. Just simply to say— The SPEAKER. The Chair recognizes the gentlelady from Bucks County, Representative Watson. Mrs. WATSON. Thank you, Mr. Speaker. Sorry to step on the line. Very seriously and very sincerely, I appreciate, and I have worked in a bipartisan way, got some nice friends across the aisle, no problem with any of it, but this needs to be done. The minority leader said it: This can go. We can do it in 15 minutes. If you are really good and do this, we could probably get it done in 10. You just go "yea," hello, and let us go, and we get them all done. They go directly to the Governor. Mr. Speaker, we have people making decisions tonight and whatever that they are not going to school because they cannot


wait and they cannot count on it, and at least one of the schools has liquidated assets. Please, do it tonight and do it now. The other is an issue that regardless what we do tonight, it does not end there. No museum gets their money, but they will, these students will stay in school. Thank you. The SPEAKER. The Chair thanks the gentlelady. On the question, the Chair recognizes the gentleman from Lancaster County, Representative Sturla. Mr. STURLA. Thank you, Mr. Speaker. Mr. Speaker, given the amount of debate that has gone on tonight to delay and stall, it has crossed my mind that now that Representative Watson has moved to postpone, if we really wanted to play along with the shenanigans that have been going on tonight, we could debate for another 2 hours and 20 minutes and we would run out of time to do the nonpreferreds for the State-related universities tonight, and I do not think anybody wants to do that. But I also do not think that these continual motions to delay and change and rearrange ad nauseam are doing anything for any Pennsylvanian. And we also know that given the performance that has gone on earlier tonight, that if we go along with Representative Watson, there is a good chance that we will do those four pronto-snappo, and then we will have debate ad nauseam until we go into another day on the nonpreferreds. So I would suggest that we vote "no" on the motion or else we sit here and debate the motion for another 2 1/2 hours so that Representative Watson can be the one that is responsible for delaying the nonpreferreds with her motion to postpone. Thank you, Mr. Speaker. Mr. S. SMITH. Speaker, those comments are inappropriate, Mr. Speaker. The SPEAKER. Mr. Smith. Mr. S. SMITH. Number one, number one, a member is not supposed to refer to another member by name. You know that is the rule. The SPEAKER. The gentleman is correct. Mr. S. SMITH. And to make that type of characterization is not a proper debate. The SPEAKER. The gentleman, Mr. Sturla. Mr. STURLA. Mr. Speaker, my apologies to the gentlelady from Bucks. The SPEAKER. The Chair thanks the gentleman. The Chair recognizes the gentleman from Bucks County, Representative Clymer. Mr. CLYMER. Thank you, Mr. Speaker. I, too, want to challenge some of his remarks indicating that we are just doing things to prolong the time. Look, I lost several amendments just a few minutes ago, and one of the amendments that I wanted to put forward was to increase the license cost for table games – $16.6 million. I wanted to bring it up to $25 or $50 million, because— The SPEAKER. On the question, Mr. Clymer – postponing. Mr. CLYMER. I just wanted to challenge the gentleman from Lancaster on his remarks, and that was my concern. The SPEAKER. The Chair thanks the gentleman. Mr. CLYMER. I support my colleague from Bucks County, Representative Watson, on her motion. The SPEAKER. On the question, those voting to postpone immediate consideration of HB 1685 will vote "aye"; those voting against postponing consideration will vote "nay."

On the question recurring, Will the House agree to the motion? The following roll call was recorded: YEAS–92 Adolph Fairchild Maher Pyle Baker Farry Major Quigley Barrar Fleck Marshall Quinn Bear Gabig Marsico Rapp Benninghoff Gabler Metcalfe Reed Beyer Geist Metzgar Reese Boback Gillespie Micozzie Reichley Boyd Gingrich Millard Roae Brooks Godshall Miller Rock Causer Grell Milne Ross Christiana Grove Moul Saylor Clymer Harhart Murt Scavello Conklin Harper Mustio Smith, S. Cox Harris O'Neill Sonney Creighton Hennessey Oberlander Stern Cutler Hess Pallone Stevenson Dally Houghton Payne Swanger Day Hutchinson Payton Tallman Denlinger Kauffman Peifer True DiGirolamo Keller, M.K. Perzel Turzai Ellis Killion Petri Vereb Evans, J. Knowles Phillips Vulakovich Everett Krieger Pickett Watson NAYS–99 Barbin Eachus Levdansky Santarsiero Belfanti Evans, D. Longietti Santoni Bishop Fabrizio Mahoney Seip Boyle Frankel Manderino Shapiro Bradford Freeman Mann Siptroth Brennan Galloway Markosek Smith, K. Briggs George Matzie Smith, M. Brown Gerber McGeehan Solobay Burns Gergely McI. Smith Staback Buxton Gibbons Melio Sturla Caltagirone Goodman Mirabito Taylor, R. Carroll Grucela Mundy Thomas Casorio Haluska Murphy Vitali Cohen Hanna Myers Wagner Costa, D. Harhai O'Brien, M. Walko Costa, P. Harkins Oliver Wansacz Cruz Johnson Parker Waters Curry Josephs Pashinski Wheatley Daley Keller, W. Petrarca White Deasy Kessler Preston Williams DeLuca Kirkland Readshaw Youngblood DePasquale Kortz Roebuck Yudichak Dermody Kotik Sabatina DeWeese Kula Sainato McCall, Donatucci Lentz Samuelson Speaker Drucker NOT VOTING–0 EXCUSED–11 Civera Hickernell O'Brien, D. Schroder Delozier Hornaman Perry Taylor, J. Helm Miccarelli Rohrer Less than the majority having voted in the affirmative, the question was determined in the negative and the motion was not agreed to.


On the question recurring, Shall the bill pass finally? The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. (Members proceeded to vote.) The SPEAKER. There is nothing in order but the taking of the vote.

VOTE STRICKEN The SPEAKER. The clerk will strike the vote. The House will be at ease. The House will come to order. The bill should be on the system at this point.

BILL PASSED OVER TEMPORARILY The SPEAKER. We will temporarily go over HB 1685.

LEAVE OF ABSENCE

The SPEAKER. Turning to leaves of absence, the Chair recognizes the minority whip, Representative Turzai, who requests a leave of absence for the gentleman from Delaware County, Representative MICOZZIE. Without objection, the leave will be granted.

BILLS ON THIRD CONSIDERATION

The House proceeded to third consideration of SB 1038, PN 1453, entitled:

A Supplement to the act of July 7, 1972 (P.L.743, No.176), known

as the Lincoln University-Commonwealth Act, making an appropriation for carrying the same into effect; providing for a basis for payments of the appropriation; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure.

On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–181 Adolph Evans, D. Longietti Reichley Baker Evans, J. Maher Roae Barbin Everett Mahoney Rock Barrar Fabrizio Major Roebuck Bear Fairchild Manderino Ross

Belfanti Farry Mann Sabatina Benninghoff Fleck Markosek Sainato Beyer Frankel Marshall Samuelson Bishop Freeman Marsico Santarsiero Boback Gabig Matzie Santoni Boyd Gabler McGeehan Saylor Boyle Galloway McI. Smith Scavello Bradford Geist Melio Seip Brennan George Metzgar Shapiro Briggs Gerber Millard Siptroth Brooks Gergely Miller Smith, K. Brown Gibbons Milne Smith, M. Burns Gingrich Mirabito Smith, S. Buxton Godshall Mundy Sonney Caltagirone Goodman Murphy Staback Carroll Grell Murt Stern Casorio Grucela Mustio Stevenson Causer Hanna Myers Sturla Christiana Harhai O'Brien, M. Swanger Clymer Harhart O'Neill Tallman Cohen Harkins Oberlander Taylor, R. Conklin Harper Oliver Thomas Costa, D. Harris Pallone True Costa, P. Hennessey Parker Turzai Cox Hess Pashinski Vereb Cruz Houghton Payne Vitali Curry Johnson Payton Vulakovich Daley Josephs Peifer Wagner Dally Kauffman Perzel Walko Day Keller, M.K. Petrarca Wansacz Deasy Keller, W. Petri Waters DeLuca Kessler Phillips Watson Denlinger Killion Pickett Wheatley DePasquale Kirkland Preston White Dermody Knowles Pyle Williams DeWeese Kortz Quigley Youngblood DiGirolamo Kotik Quinn Yudichak Donatucci Krieger Rapp Drucker Kula Readshaw McCall, Eachus Lentz Reed Speaker Ellis Levdansky Reese NAYS–9 Creighton Grove Hutchinson Moul Cutler Haluska Metcalfe Solobay Gillespie NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.

* * * The House proceeded to third consideration of SB 1040, PN 1455, entitled:

A Supplement to the act of April 1, 1863 (P.L.213, No.227),

entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural

2009 LEGISLATIVE JOURNAL—HOUSE 2617 Colleges," making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–184 Adolph Evans, D. Levdansky Reese Baker Evans, J. Longietti Reichley Barbin Everett Maher Roae Barrar Fabrizio Mahoney Rock Bear Fairchild Major Roebuck Belfanti Farry Manderino Ross Benninghoff Fleck Mann Sabatina Beyer Frankel Markosek Sainato Bishop Freeman Marshall Samuelson Boback Gabig Marsico Santarsiero Boyd Gabler Matzie Santoni Boyle Galloway McGeehan Saylor Bradford Geist McI. Smith Scavello Brennan George Melio Seip Briggs Gerber Metzgar Shapiro Brooks Gergely Millard Siptroth Brown Gibbons Miller Smith, K. Burns Gingrich Milne Smith, M. Buxton Godshall Mirabito Smith, S. Caltagirone Goodman Mundy Sonney Carroll Grell Murphy Staback Casorio Grove Murt Stern Causer Grucela Mustio Stevenson Christiana Hanna Myers Sturla Clymer Harhai O'Brien, M. Swanger Cohen Harhart O'Neill Tallman Conklin Harkins Oberlander Taylor, R. Costa, D. Harper Oliver Thomas Costa, P. Harris Pallone True Cox Hennessey Parker Turzai Creighton Hess Pashinski Vereb Cruz Houghton Payne Vitali Curry Hutchinson Payton Vulakovich Daley Johnson Peifer Wagner Dally Josephs Perzel Walko Day Kauffman Petrarca Wansacz Deasy Keller, M.K. Petri Waters DeLuca Keller, W. Phillips Watson Denlinger Kessler Pickett Wheatley DePasquale Killion Preston White Dermody Kirkland Pyle Williams DeWeese Knowles Quigley Youngblood DiGirolamo Kortz Quinn Yudichak Donatucci Kotik Rapp Drucker Krieger Readshaw McCall, Eachus Kula Reed Speaker Ellis Lentz

NAYS–6 Cutler Haluska Moul Solobay Gillespie Metcalfe NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


A Supplement to the act of July 28, 1966 (3rd Sp.Sess., P.L.87,

No.3), known as the University of Pittsburgh–Commonwealth Act, making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–181 Adolph Ellis Lentz Reese Baker Evans, D. Levdansky Reichley Barbin Evans, J. Longietti Roae Barrar Everett Maher Rock Bear Fabrizio Mahoney Roebuck Belfanti Fairchild Major Ross Benninghoff Farry Manderino Sabatina Beyer Fleck Mann Sainato Bishop Frankel Markosek Samuelson Boback Freeman Marshall Santarsiero Boyd Gabig Marsico Santoni Boyle Gabler Matzie Saylor Bradford Galloway McGeehan Scavello Brennan Geist McI. Smith Seip Briggs George Melio Shapiro

2618 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Brooks Gerber Metzgar Smith, K. Brown Gergely Millard Smith, M. Burns Gibbons Miller Smith, S. Buxton Gingrich Milne Sonney Caltagirone Godshall Mirabito Staback Carroll Goodman Mundy Stern Casorio Grell Murphy Stevenson Causer Grucela Murt Sturla Christiana Hanna Mustio Swanger Clymer Harhai Myers Tallman Cohen Harhart O'Brien, M. Taylor, R. Conklin Harkins O'Neill Thomas Costa, D. Harper Oberlander True Costa, P. Harris Oliver Turzai Cox Hennessey Pallone Vereb Creighton Hess Parker Vitali Cruz Houghton Pashinski Vulakovich Curry Hutchinson Payne Wagner Daley Johnson Payton Walko Dally Josephs Peifer Wansacz Day Kauffman Perzel Waters Deasy Keller, M.K. Petri Watson DeLuca Keller, W. Phillips Wheatley Denlinger Kessler Pickett White DePasquale Killion Preston Williams Dermody Kirkland Pyle Youngblood DeWeese Knowles Quigley Yudichak DiGirolamo Kortz Quinn Donatucci Kotik Rapp McCall, Drucker Krieger Readshaw Speaker Eachus Kula Reed NAYS–9 Cutler Haluska Moul Siptroth Gillespie Metcalfe Petrarca Solobay Grove NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


A Supplement to the act of November 30, 1965 (P.L.843, No.355),

known as the Temple University–Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. On the question, Will the House agree to the bill on third consideration? Bill was agreed to.

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–179 Adolph Ellis Kula Reese Baker Evans, D. Lentz Reichley Barbin Evans, J. Levdansky Roae Barrar Everett Longietti Rock Bear Fabrizio Maher Roebuck Belfanti Fairchild Mahoney Ross Benninghoff Farry Major Sainato Beyer Fleck Manderino Samuelson Bishop Frankel Mann Santarsiero Boback Freeman Markosek Santoni Boyd Gabig Marshall Saylor Boyle Gabler Marsico Scavello Bradford Galloway Matzie Seip Brennan Geist McGeehan Shapiro Briggs George McI. Smith Siptroth Brooks Gerber Melio Smith, K. Brown Gergely Millard Smith, M. Burns Gibbons Miller Smith, S. Buxton Gingrich Milne Sonney Caltagirone Godshall Mirabito Staback Carroll Goodman Mundy Stern Casorio Grell Murphy Stevenson Causer Grove Murt Sturla Christiana Grucela Mustio Swanger Clymer Hanna Myers Tallman Cohen Harhai O'Brien, M. Taylor, R. Conklin Harhart O'Neill Thomas Costa, D. Harkins Oberlander True Costa, P. Harper Oliver Turzai Cox Harris Pallone Vereb Creighton Hennessey Parker Vitali Cruz Hess Pashinski Vulakovich Curry Houghton Payne Wagner Daley Johnson Payton Walko Dally Josephs Peifer Wansacz Day Kauffman Perzel Waters Deasy Keller, M.K. Petri Watson DeLuca Keller, W. Phillips Wheatley Denlinger Kessler Pickett White DePasquale Killion Preston Williams Dermody Kirkland Pyle Youngblood DeWeese Knowles Quigley Yudichak DiGirolamo Kortz Quinn Donatucci Kotik Readshaw McCall, Drucker Krieger Reed Speaker Eachus NAYS–11 Cutler Hutchinson Moul Sabatina Gillespie Metcalfe Petrarca Solobay Haluska Metzgar Rapp NOT VOTING–0


EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Trustees of the University

of Pennsylvania. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–179 Adolph Evans, D. Kula Readshaw Baker Evans, J. Lentz Reed Barbin Everett Levdansky Reese Barrar Fabrizio Longietti Reichley Bear Fairchild Maher Rock Belfanti Farry Mahoney Roebuck Benninghoff Fleck Major Ross Beyer Frankel Manderino Sabatina Bishop Freeman Mann Sainato Boback Gabig Markosek Santarsiero Boyd Gabler Marshall Santoni Boyle Galloway Marsico Saylor Bradford Geist Matzie Scavello Brennan George McGeehan Seip Briggs Gerber McI. Smith Shapiro Brooks Gergely Melio Siptroth Brown Gibbons Metzgar Smith, K. Burns Gingrich Millard Smith, M. Buxton Godshall Miller Smith, S. Caltagirone Goodman Milne Sonney Carroll Grell Mirabito Staback Casorio Grove Mundy Stern Causer Grucela Murphy Stevenson Christiana Hanna Murt Sturla Clymer Harhai Mustio Swanger Cohen Harhart Myers Tallman Conklin Harkins O'Brien, M. Taylor, R. Costa, D. Harper O'Neill Thomas Costa, P. Harris Oliver True Cox Hennessey Pallone Turzai

Creighton Hess Parker Vereb Cruz Houghton Pashinski Vitali Curry Hutchinson Payne Vulakovich Daley Johnson Payton Wagner Dally Josephs Peifer Walko Day Kauffman Perzel Waters Deasy Keller, M.K. Petrarca Watson DeLuca Keller, W. Petri Wheatley Denlinger Kessler Phillips White DePasquale Killion Pickett Williams Dermody Kirkland Preston Youngblood DeWeese Knowles Pyle Yudichak DiGirolamo Kortz Quigley Donatucci Kotik Quinn McCall, Drucker Krieger Rapp Speaker Eachus NAYS–11 Cutler Haluska Oberlander Solobay Ellis Metcalfe Roae Wansacz Gillespie Moul Samuelson NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same with amendment in which the concurrence of the Senate is requested.

CONSIDERATION OF HB 1685 CONTINUED

On the question recurring, Shall the bill pass finally? (Bill analysis was read.) The SPEAKER. Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–142 Adolph Ellis Levdansky Roebuck Barbin Evans, D. Longietti Ross Bear Evans, J. Mahoney Sabatina Belfanti Fabrizio Major Sainato Bishop Fairchild Manderino Santarsiero Boback Farry Mann Santoni Boyd Fleck Markosek Saylor Boyle Frankel Marsico Scavello Bradford Freeman McGeehan Shapiro Brennan Galloway McI. Smith Smith, K. Briggs Geist Melio Smith, M. Brooks George Millard Smith, S. Brown Gerber Milne Sonney Buxton Gergely Mirabito Staback Caltagirone Gibbons Mundy Stern Carroll Godshall Murphy Stevenson Casorio Goodman Murt Sturla

2620 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Clymer Grucela Mustio Taylor, R. Cohen Hanna Myers Thomas Conklin Harhai O'Brien, M. True Costa, D. Harhart O'Neill Vereb Costa, P. Harkins Oliver Vitali Cruz Harper Pallone Vulakovich Curry Harris Parker Wagner Daley Hennessey Pashinski Walko Dally Houghton Payton Wansacz Day Johnson Peifer Waters Deasy Josephs Perzel Watson DeLuca Keller, W. Petrarca Wheatley DePasquale Killion Petri White Dermody Kirkland Phillips Williams DeWeese Knowles Preston Youngblood DiGirolamo Kortz Quigley Yudichak Donatucci Kotik Quinn Drucker Kula Readshaw McCall, Eachus Lentz Reichley Speaker NAYS–48 Baker Gabig Krieger Rapp Barrar Gabler Maher Reed Benninghoff Gillespie Marshall Reese Beyer Gingrich Matzie Roae Burns Grell Metcalfe Rock Causer Grove Metzgar Samuelson Christiana Haluska Miller Seip Cox Hess Moul Siptroth Creighton Hutchinson Oberlander Solobay Cutler Kauffman Payne Swanger Denlinger Keller, M.K. Pickett Tallman Everett Kessler Pyle Turzai NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


The House proceeded to third consideration of HB 1686, PN 2775, entitled:

An Act making an appropriation to the African-American Museum in Philadelphia for operating expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.)

The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–142 Adolph Eachus Lentz Roebuck Barbin Evans, D. Levdansky Ross Bear Evans, J. Longietti Sabatina Belfanti Fabrizio Maher Sainato Bishop Farry Mahoney Santarsiero Boback Fleck Manderino Santoni Boyd Frankel Mann Saylor Boyle Freeman Markosek Scavello Bradford Galloway McGeehan Shapiro Brennan Geist McI. Smith Smith, K. Briggs George Melio Smith, M. Brooks Gerber Millard Smith, S. Brown Gergely Milne Sonney Buxton Gibbons Mirabito Staback Caltagirone Godshall Mundy Stern Carroll Goodman Murphy Stevenson Casorio Grucela Murt Sturla Clymer Hanna Mustio Taylor, R. Cohen Harhai Myers Thomas Conklin Harhart O'Brien, M. True Costa, D. Harkins O'Neill Vereb Costa, P. Harper Oliver Vitali Cruz Harris Pallone Vulakovich Curry Hennessey Parker Wagner Daley Hess Pashinski Walko Dally Houghton Payton Wansacz Day Johnson Peifer Waters Deasy Josephs Perzel Watson DeLuca Keller, W. Petrarca Wheatley Denlinger Kessler Petri White DePasquale Killion Phillips Williams Dermody Kirkland Preston Youngblood DeWeese Knowles Quigley Yudichak DiGirolamo Kortz Quinn Donatucci Kotik Readshaw McCall, Drucker Kula Reichley Speaker NAYS–48 Baker Fairchild Major Rapp Barrar Gabig Marshall Reed Benninghoff Gabler Marsico Reese Beyer Gillespie Matzie Roae Burns Gingrich Metcalfe Rock Causer Grell Metzgar Samuelson Christiana Grove Miller Seip Cox Haluska Moul Siptroth Creighton Hutchinson Oberlander Solobay Cutler Kauffman Payne Swanger Ellis Keller, M.K. Pickett Tallman Everett Krieger Pyle Turzai NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally.


Ordered, That the clerk present the same to the Senate for concurrence.

* * * The House proceeded to third consideration of HB 1687, PN 2776, entitled:

An Act making an appropriation to the Academy of Natural Sciences for maintenance expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–146 Adolph Ellis Levdansky Roebuck Barbin Evans, D. Longietti Ross Barrar Evans, J. Maher Sabatina Bear Fabrizio Mahoney Sainato Belfanti Farry Manderino Santarsiero Bishop Fleck Mann Santoni Boback Frankel Markosek Saylor Boyd Freeman Marsico Scavello Boyle Galloway McGeehan Shapiro Bradford Geist McI. Smith Smith, K. Brennan George Melio Smith, M. Briggs Gerber Millard Smith, S. Brown Gergely Milne Sonney Buxton Gibbons Mirabito Staback Caltagirone Godshall Mundy Stern Carroll Goodman Murphy Stevenson Casorio Grucela Murt Sturla Clymer Hanna Mustio Taylor, R. Cohen Harhai Myers Thomas Conklin Harhart O'Brien, M. True Costa, D. Harkins O'Neill Turzai Costa, P. Harper Oliver Vereb Cruz Harris Pallone Vitali Curry Hennessey Parker Vulakovich Daley Hess Pashinski Wagner Dally Houghton Payton Walko Day Johnson Peifer Wansacz Deasy Josephs Perzel Waters DeLuca Keller, W. Petrarca Watson Denlinger Kessler Petri Wheatley DePasquale Killion Phillips White Dermody Kirkland Preston Williams DeWeese Knowles Quigley Youngblood DiGirolamo Kortz Quinn Yudichak Donatucci Kotik Readshaw Drucker Kula Reed McCall, Eachus Lentz Reichley Speaker NAYS–44 Baker Fairchild Krieger Pyle Benninghoff Gabig Major Rapp

Beyer Gabler Marshall Reese Brooks Gillespie Matzie Roae Burns Gingrich Metcalfe Rock Causer Grell Metzgar Samuelson Christiana Grove Miller Seip Cox Haluska Moul Siptroth Creighton Hutchinson Oberlander Solobay Cutler Kauffman Payne Swanger Everett Keller, M.K. Pickett Tallman NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


An Act making an appropriation to the Franklin Institute Science Museum for maintenance expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–144 Adolph Evans, D. Longietti Roebuck Baker Evans, J. Maher Ross Barbin Fabrizio Mahoney Sabatina Barrar Farry Manderino Sainato Bear Fleck Mann Santarsiero Belfanti Frankel Markosek Santoni Bishop Freeman Marsico Saylor Boback Galloway McGeehan Scavello Boyd Geist McI. Smith Shapiro Boyle George Melio Smith, K. Bradford Gerber Millard Smith, M. Brennan Gergely Milne Smith, S. Briggs Gibbons Mirabito Sonney Brown Godshall Mundy Staback Buxton Goodman Murphy Stern Caltagirone Grucela Murt Stevenson Carroll Hanna Mustio Sturla Casorio Harhai Myers Taylor, R. Clymer Harhart O'Brien, M. Thomas

2622 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Cohen Harkins O'Neill True Conklin Harper Oliver Vereb Costa, P. Harris Pallone Vitali Cruz Hennessey Parker Vulakovich Curry Hess Pashinski Wagner Daley Houghton Payton Walko Dally Johnson Peifer Wansacz Day Josephs Perzel Waters Deasy Keller, W. Petrarca Watson DeLuca Kessler Petri Wheatley Denlinger Killion Phillips White DePasquale Kirkland Preston Williams Dermody Knowles Quigley Youngblood DeWeese Kortz Quinn Yudichak DiGirolamo Kotik Readshaw Donatucci Kula Reed McCall, Drucker Lentz Reichley Speaker Eachus Levdansky NAYS–46 Benninghoff Fairchild Major Rapp Beyer Gabig Marshall Reese Brooks Gabler Matzie Roae Burns Gillespie Metcalfe Rock Causer Gingrich Metzgar Samuelson Christiana Grell Miller Seip Costa, D. Grove Moul Siptroth Cox Haluska Oberlander Solobay Creighton Hutchinson Payne Swanger Cutler Kauffman Pickett Tallman Ellis Keller, M.K. Pyle Turzai Everett Krieger NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


An Act making an appropriation to the Mercer Museum in Doylestown, Pennsylvania, for operating expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken.

The following roll call was recorded: YEAS–142 Adolph Evans, D. Maher Ross Barbin Evans, J. Mahoney Sabatina Bear Fabrizio Major Sainato Belfanti Farry Manderino Santarsiero Bishop Fleck Mann Santoni Boback Frankel Markosek Saylor Boyd Freeman Marsico Scavello Boyle Galloway McGeehan Shapiro Bradford Geist McI. Smith Smith, K. Brennan George Melio Smith, M. Briggs Gerber Millard Smith, S. Brown Gergely Milne Sonney Buxton Gibbons Mirabito Staback Caltagirone Godshall Mundy Stern Carroll Goodman Murphy Stevenson Casorio Grucela Murt Sturla Clymer Hanna Mustio Taylor, R. Cohen Harhai Myers Thomas Conklin Harhart O'Brien, M. True Costa, D. Harkins O'Neill Turzai Costa, P. Harper Oliver Vereb Cruz Harris Pallone Vitali Curry Hennessey Parker Vulakovich Daley Hess Pashinski Wagner Dally Houghton Payton Walko Day Johnson Peifer Wansacz Deasy Josephs Perzel Waters DeLuca Keller, W. Petrarca Watson Denlinger Killion Petri Wheatley DePasquale Kirkland Phillips White Dermody Knowles Preston Williams DeWeese Kortz Quigley Youngblood DiGirolamo Kula Quinn Yudichak Donatucci Lentz Readshaw Drucker Levdansky Reichley McCall, Eachus Longietti Roebuck Speaker NAYS–48 Baker Everett Kessler Pyle Barrar Fairchild Kotik Rapp Benninghoff Gabig Krieger Reed Beyer Gabler Marshall Reese Brooks Gillespie Matzie Roae Burns Gingrich Metcalfe Rock Causer Grell Metzgar Samuelson Christiana Grove Miller Seip Cox Haluska Moul Siptroth Creighton Hutchinson Oberlander Solobay Cutler Kauffman Payne Swanger Ellis Keller, M.K. Pickett Tallman NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.

* * *


The House proceeded to third consideration of HB 1691, PN 2779, entitled:

An Act making an appropriation to the Whitaker Center for Science and the Arts in Harrisburg, Pennsylvania, for operating expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–155 Adolph Evans, D. Lentz Reed Baker Evans, J. Levdansky Reichley Barbin Fabrizio Longietti Roebuck Barrar Fairchild Maher Ross Bear Farry Mahoney Sabatina Belfanti Frankel Major Sainato Bishop Freeman Manderino Santarsiero Boback Gabig Mann Santoni Boyd Galloway Markosek Saylor Boyle Geist Marsico Scavello Bradford George McGeehan Shapiro Brennan Gerber McI. Smith Siptroth Briggs Gergely Melio Smith, K. Brooks Gibbons Millard Smith, M. Brown Gingrich Milne Smith, S. Buxton Godshall Mirabito Sonney Caltagirone Goodman Mundy Staback Carroll Grell Murphy Stevenson Casorio Grucela Murt Sturla Clymer Hanna Mustio Taylor, R. Cohen Harhai Myers Thomas Conklin Harhart O'Brien, M. True Costa, D. Harkins O'Neill Turzai Costa, P. Harper Oberlander Vereb Cruz Harris Oliver Vitali Curry Hennessey Pallone Vulakovich Daley Hess Parker Wagner Dally Houghton Pashinski Walko Day Johnson Payton Wansacz Deasy Josephs Peifer Waters DeLuca Kauffman Perzel Watson Denlinger Keller, M.K. Petrarca Wheatley DePasquale Keller, W. Petri White Dermody Kessler Phillips Williams DeWeese Killion Preston Youngblood DiGirolamo Kirkland Pyle Yudichak Donatucci Knowles Quigley Drucker Kortz Quinn McCall, Eachus Kula Readshaw Speaker Ellis NAYS–35 Benninghoff Fleck Matzie Roae Beyer Gabler Metcalfe Rock Burns Gillespie Metzgar Samuelson Causer Grove Miller Seip

Christiana Haluska Moul Solobay Cox Hutchinson Payne Stern Creighton Kotik Pickett Swanger Cutler Krieger Rapp Tallman Everett Marshall Reese NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk present the same to the Senate for concurrence.


An Act making an appropriation to the Trustees of Drexel

University, Philadelphia. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–162 Adolph Evans, J. Levdansky Reichley Baker Everett Longietti Roebuck Barbin Fabrizio Maher Ross Barrar Fairchild Mahoney Sabatina Bear Farry Major Sainato Belfanti Fleck Manderino Santarsiero Bishop Frankel Mann Santoni Boback Freeman Markosek Saylor Boyd Gabig Marshall Scavello Boyle Galloway Marsico Shapiro Bradford Geist Matzie Siptroth Brennan George McGeehan Smith, K. Briggs Gerber McI. Smith Smith, M. Brown Gergely Melio Smith, S. Burns Gibbons Metzgar Sonney Buxton Gingrich Millard Staback Caltagirone Godshall Milne Stern Carroll Goodman Mirabito Stevenson Casorio Grell Mundy Sturla Christiana Grucela Murt Swanger Clymer Hanna Mustio Tallman Cohen Harhai Myers Taylor, R. Conklin Harhart O'Brien, M. Thomas

2624 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Costa, D. Harkins O'Neill True Costa, P. Harper Oliver Turzai Cruz Harris Parker Vereb Curry Hennessey Pashinski Vitali Daley Hess Payne Vulakovich Dally Houghton Payton Wagner Day Johnson Peifer Walko Deasy Josephs Perzel Wansacz DeLuca Keller, M.K. Petrarca Waters Denlinger Keller, W. Petri Watson DePasquale Kessler Phillips Wheatley Dermody Killion Pickett White DeWeese Kirkland Preston Williams DiGirolamo Knowles Quigley Youngblood Donatucci Kortz Quinn Yudichak Drucker Kotik Rapp Eachus Kula Readshaw McCall, Evans, D. Lentz Reed Speaker NAYS–28 Benninghoff Ellis Krieger Pyle Beyer Gabler Metcalfe Reese Brooks Gillespie Miller Roae Causer Grove Moul Rock Cox Haluska Murphy Samuelson Creighton Hutchinson Oberlander Seip Cutler Kauffman Pallone Solobay NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Philadelphia College of

Osteopathic Medicine, Philadelphia. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken.

The following roll call was recorded: YEAS–176 Adolph Ellis Lentz Reed Baker Evans, D. Levdansky Reichley Barbin Evans, J. Longietti Roae Barrar Everett Maher Rock Bear Fabrizio Mahoney Roebuck Belfanti Fairchild Major Ross Benninghoff Farry Manderino Sabatina Beyer Fleck Mann Sainato Bishop Frankel Markosek Santarsiero Boback Freeman Marshall Santoni Boyd Gabig Marsico Saylor Boyle Gabler Matzie Scavello Bradford Galloway McGeehan Shapiro Brennan Geist McI. Smith Siptroth Briggs George Melio Smith, K. Brooks Gerber Metzgar Smith, M. Brown Gergely Millard Smith, S. Burns Gibbons Milne Sonney Buxton Gingrich Mirabito Staback Caltagirone Godshall Mundy Stern Carroll Goodman Murphy Stevenson Casorio Grell Murt Sturla Causer Grove Mustio Swanger Christiana Grucela Myers Tallman Clymer Hanna O'Brien, M. Taylor, R. Cohen Harhai O'Neill Thomas Conklin Harhart Oberlander True Costa, D. Harkins Oliver Turzai Costa, P. Harper Pallone Vereb Cox Harris Parker Vitali Cruz Hennessey Pashinski Vulakovich Curry Hess Payne Wagner Daley Houghton Payton Walko Dally Johnson Peifer Wansacz Day Josephs Perzel Waters Deasy Kauffman Petrarca Watson DeLuca Keller, M.K. Petri Wheatley Denlinger Keller, W. Phillips White DePasquale Kessler Pickett Williams Dermody Killion Preston Youngblood DeWeese Kirkland Quigley Yudichak DiGirolamo Knowles Quinn Donatucci Kortz Rapp McCall, Drucker Kotik Readshaw Speaker Eachus Kula NAYS–14 Creighton Hutchinson Moul Samuelson Cutler Krieger Pyle Seip Gillespie Metcalfe Reese Solobay Haluska Miller NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.



An Act making an appropriation to the Lake Erie College of

Osteopathic Medicine, Erie. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–177 Adolph Ellis Lentz Reed Baker Evans, D. Levdansky Reichley Barbin Evans, J. Longietti Roae Barrar Everett Maher Rock Bear Fabrizio Mahoney Roebuck Belfanti Fairchild Major Ross Benninghoff Farry Manderino Sabatina Beyer Fleck Mann Sainato Bishop Frankel Markosek Santarsiero Boback Freeman Marshall Santoni Boyd Gabig Marsico Saylor Boyle Gabler Matzie Scavello Bradford Galloway McGeehan Shapiro Brennan Geist McI. Smith Siptroth Briggs George Melio Smith, K. Brooks Gerber Metzgar Smith, M. Brown Gergely Millard Smith, S. Burns Gibbons Milne Sonney Buxton Gingrich Mirabito Staback Caltagirone Godshall Mundy Stern Carroll Goodman Murphy Stevenson Casorio Grell Murt Sturla Causer Grove Mustio Swanger Christiana Grucela Myers Tallman Clymer Hanna O'Brien, M. Taylor, R. Cohen Harhai O'Neill Thomas Conklin Harhart Oberlander True Costa, D. Harkins Oliver Turzai Costa, P. Harper Pallone Vereb Cox Harris Parker Vitali Cruz Hennessey Pashinski Vulakovich Curry Hess Payne Wagner Daley Houghton Payton Walko Dally Johnson Peifer Wansacz Day Josephs Perzel Waters Deasy Kauffman Petrarca Watson DeLuca Keller, M.K. Petri Wheatley Denlinger Keller, W. Phillips White DePasquale Kessler Pickett Williams Dermody Killion Preston Youngblood DeWeese Kirkland Pyle Yudichak DiGirolamo Knowles Quigley Donatucci Kortz Quinn McCall, Drucker Kotik Rapp Speaker Eachus Kula Readshaw

NAYS–13 Creighton Hutchinson Miller Samuelson Cutler Krieger Moul Seip Gillespie Metcalfe Reese Solobay Haluska NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to Salus University, Philadelphia.

On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–151 Adolph Evans, J. Lentz Roebuck Barbin Fabrizio Levdansky Ross Barrar Fairchild Longietti Sabatina Bear Farry Maher Sainato Belfanti Fleck Mahoney Santarsiero Bishop Frankel Manderino Santoni Boback Freeman Mann Saylor Boyd Galloway Markosek Scavello Boyle Geist Marshall Shapiro Bradford George Marsico Siptroth Brennan Gerber Matzie Smith, K. Briggs Gergely McGeehan Smith, M. Brown Gibbons McI. Smith Smith, S. Burns Gingrich Melio Sonney Buxton Godshall Millard Staback Caltagirone Goodman Milne Stern Carroll Grell Mirabito Stevenson Casorio Grucela Mundy Sturla Christiana Hanna Murphy Tallman

2626 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Clymer Harhai Murt Taylor, R. Cohen Harhart Mustio Thomas Conklin Harkins Myers True Costa, D. Harper O'Brien, M. Vereb Costa, P. Harris O'Neill Vitali Cruz Hennessey Oliver Vulakovich Curry Hess Parker Wagner Daley Houghton Pashinski Walko Dally Johnson Payne Wansacz Deasy Josephs Payton Waters DeLuca Keller, M.K. Peifer Watson Denlinger Keller, W. Perzel Wheatley DePasquale Kessler Petrarca White Dermody Killion Petri Williams DeWeese Kirkland Phillips Youngblood DiGirolamo Knowles Preston Yudichak Donatucci Kortz Quigley Drucker Kotik Quinn McCall, Eachus Kula Readshaw Speaker Evans, D. NAYS–39 Baker Everett Metcalfe Reese Benninghoff Gabig Metzgar Reichley Beyer Gabler Miller Roae Brooks Gillespie Moul Rock Causer Grove Oberlander Samuelson Cox Haluska Pallone Seip Creighton Hutchinson Pickett Solobay Cutler Kauffman Pyle Swanger Day Krieger Rapp Turzai Ellis Major Reed NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the University of the Arts,

Philadelphia, for instruction and student aid. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.)

The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–160 Adolph Eachus Lentz Rock Baker Evans, D. Levdansky Roebuck Barbin Evans, J. Longietti Ross Barrar Fabrizio Maher Sabatina Bear Fairchild Mahoney Sainato Belfanti Farry Major Santarsiero Benninghoff Fleck Manderino Santoni Beyer Frankel Mann Saylor Bishop Freeman Markosek Scavello Boback Galloway Marshall Shapiro Boyd Geist Marsico Siptroth Boyle George Matzie Smith, K. Bradford Gerber McGeehan Smith, M. Brennan Gergely McI. Smith Smith, S. Briggs Gibbons Melio Sonney Brown Gingrich Millard Staback Burns Godshall Milne Stern Buxton Goodman Mirabito Stevenson Caltagirone Grell Mundy Sturla Carroll Grucela Murphy Tallman Casorio Hanna Murt Taylor, R. Christiana Harhai Mustio Thomas Cohen Harhart Myers True Conklin Harkins O'Brien, M. Turzai Costa, D. Harper O'Neill Vereb Costa, P. Harris Oliver Vitali Cox Hennessey Parker Vulakovich Cruz Hess Pashinski Wagner Curry Houghton Payne Walko Daley Johnson Payton Wansacz Dally Josephs Peifer Waters Day Kauffman Perzel Watson Deasy Keller, M.K. Petrarca Wheatley DeLuca Keller, W. Petri White Denlinger Kessler Phillips Williams DePasquale Killion Pickett Youngblood Dermody Kirkland Preston Yudichak DeWeese Knowles Quigley DiGirolamo Kortz Quinn McCall, Donatucci Kotik Readshaw Speaker Drucker Kula NAYS–30 Brooks Gabler Miller Reese Causer Gillespie Moul Reichley Clymer Grove Oberlander Roae Creighton Haluska Pallone Samuelson Cutler Hutchinson Pyle Seip Ellis Krieger Rapp Solobay Everett Metcalfe Reed Swanger Gabig Metzgar NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J.


The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Johnson Technical Institute

of Scranton for operation and maintenance expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded YEAS–159 Adolph Drucker Levdansky Rock Baker Eachus Longietti Roebuck Barbin Evans, D. Maher Ross Barrar Evans, J. Mahoney Sabatina Bear Fabrizio Major Sainato Belfanti Fairchild Manderino Santarsiero Benninghoff Farry Mann Santoni Bishop Frankel Markosek Saylor Boback Freeman Marshall Scavello Boyd Galloway Marsico Shapiro Boyle Geist Matzie Siptroth Bradford George McGeehan Smith, K. Brennan Gerber McI. Smith Smith, M. Briggs Gergely Melio Smith, S. Brown Gibbons Millard Sonney Burns Godshall Milne Staback Buxton Goodman Mirabito Stevenson Caltagirone Grell Mundy Sturla Carroll Grucela Murphy Swanger Casorio Hanna Murt Tallman Causer Harhai Mustio Taylor, R. Christiana Harhart Myers Thomas Clymer Harkins O'Brien, M. True Cohen Harper O'Neill Turzai Conklin Harris Oliver Vereb Costa, D. Hennessey Parker Vitali Costa, P. Hess Pashinski Vulakovich Cox Houghton Payne Wagner Cruz Johnson Payton Walko Curry Josephs Peifer Wansacz Daley Keller, M.K. Perzel Waters Dally Keller, W. Petrarca Watson Day Kessler Petri Wheatley Deasy Killion Phillips White DeLuca Kirkland Pickett Williams Denlinger Knowles Preston Youngblood DePasquale Kortz Quigley Yudichak Dermody Kotik Quinn

DeWeese Kula Readshaw McCall, DiGirolamo Lentz Reed Speaker Donatucci NAYS–31 Beyer Gabler Metcalfe Reese Brooks Gillespie Metzgar Reichley Creighton Gingrich Miller Roae Cutler Grove Moul Samuelson Ellis Haluska Oberlander Seip Everett Hutchinson Pallone Solobay Fleck Kauffman Pyle Stern Gabig Krieger Rapp NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.

* * *


An Act making an appropriation to the Williamson Free School of

Mechanical Trades in Delaware County for operation and maintenance expenses. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–161 Adolph Drucker Levdansky Rock Baker Eachus Longietti Roebuck Barbin Ellis Maher Ross Barrar Evans, D. Mahoney Sabatina Bear Evans, J. Major Sainato Belfanti Fabrizio Manderino Santarsiero Benninghoff Fairchild Mann Santoni Bishop Farry Markosek Saylor Boback Frankel Marshall Scavello Boyd Freeman Marsico Shapiro

2628 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Boyle Galloway Matzie Siptroth Bradford Geist McGeehan Smith, K. Brennan George McI. Smith Smith, M. Briggs Gerber Melio Smith, S. Brown Gergely Millard Sonney Burns Gibbons Milne Staback Buxton Godshall Mirabito Stevenson Caltagirone Goodman Mundy Sturla Carroll Grell Murphy Swanger Casorio Grucela Murt Tallman Causer Hanna Mustio Taylor, R. Christiana Harhai Myers Thomas Clymer Harhart O'Brien, M. True Cohen Harkins O'Neill Turzai Conklin Harper Oliver Vereb Costa, D. Harris Parker Vitali Costa, P. Hennessey Pashinski Vulakovich Cox Hess Payne Wagner Cruz Houghton Payton Walko Curry Johnson Peifer Wansacz Daley Josephs Perzel Waters Dally Keller, M.K. Petrarca Watson Day Keller, W. Petri Wheatley Deasy Kessler Phillips White DeLuca Killion Pickett Williams Denlinger Kirkland Preston Youngblood DePasquale Knowles Quigley Yudichak Dermody Kortz Quinn DeWeese Kotik Readshaw McCall, DiGirolamo Kula Reed Speaker Donatucci Lentz Reichley NAYS–29 Beyer Gillespie Metcalfe Rapp Brooks Gingrich Metzgar Reese Creighton Grove Miller Roae Cutler Haluska Moul Samuelson Everett Hutchinson Oberlander Seip Fleck Kauffman Pallone Solobay Gabig Krieger Pyle Stern Gabler NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Fox Chase Institute for

Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. On the question, Will the House agree to the bill on third consideration? Bill was agreed to.

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–182 Adolph Evans, D. Lentz Readshaw Baker Evans, J. Levdansky Reed Barbin Everett Longietti Reese Barrar Fabrizio Maher Reichley Bear Fairchild Mahoney Roae Belfanti Farry Major Rock Benninghoff Fleck Manderino Roebuck Beyer Frankel Mann Ross Bishop Freeman Markosek Sabatina Boback Gabig Marshall Sainato Boyd Gabler Marsico Santarsiero Boyle Galloway Matzie Santoni Bradford Geist McGeehan Saylor Brennan George McI. Smith Scavello Briggs Gerber Melio Shapiro Brooks Gergely Metzgar Siptroth Brown Gibbons Millard Smith, K. Burns Gingrich Miller Smith, M. Buxton Godshall Milne Smith, S. Caltagirone Goodman Mirabito Sonney Carroll Grell Moul Staback Casorio Grove Mundy Stern Causer Grucela Murphy Stevenson Christiana Hanna Murt Sturla Clymer Harhai Mustio Swanger Cohen Harhart Myers Tallman Conklin Harkins O'Brien, M. Taylor, R. Costa, D. Harper O'Neill Thomas Costa, P. Harris Oberlander True Cox Hennessey Oliver Turzai Cruz Hess Pallone Vereb Curry Houghton Parker Vitali Daley Hutchinson Pashinski Vulakovich Dally Johnson Payne Wagner Day Josephs Payton Walko Deasy Kauffman Peifer Wansacz DeLuca Keller, M.K. Perzel Waters Denlinger Keller, W. Petrarca Watson DePasquale Kessler Petri Wheatley Dermody Killion Phillips White DeWeese Kirkland Pickett Williams DiGirolamo Knowles Preston Youngblood Donatucci Kortz Pyle Yudichak Drucker Kotik Quigley Eachus Krieger Quinn McCall, Ellis Kula Rapp Speaker NAYS–8 Creighton Gillespie Metcalfe Seip Cutler Haluska Samuelson Solobay NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J.




An Act making appropriations to the Wistar Institute, Philadelphia,

for operation and maintenance expenses and for AIDS research. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–167 Adolph Eachus Kula Reichley Baker Evans, D. Lentz Rock Barbin Evans, J. Levdansky Roebuck Barrar Fabrizio Longietti Ross Bear Fairchild Maher Sabatina Belfanti Farry Mahoney Sainato Benninghoff Fleck Manderino Santarsiero Beyer Frankel Mann Santoni Bishop Freeman Markosek Saylor Boback Gabler Marshall Scavello Boyd Galloway Marsico Shapiro Boyle Geist Matzie Siptroth Bradford George McGeehan Smith, K. Brennan Gerber McI. Smith Smith, M. Briggs Gergely Melio Smith, S. Brown Gibbons Metzgar Sonney Burns Gingrich Millard Staback Buxton Godshall Milne Stern Caltagirone Goodman Mirabito Stevenson Carroll Grell Mundy Sturla Casorio Grove Murphy Swanger Causer Grucela Murt Tallman Christiana Hanna Mustio Taylor, R. Clymer Harhai Myers Thomas Cohen Harhart O'Brien, M. True Conklin Harkins O'Neill Turzai Costa, D. Harper Oliver Vereb Costa, P. Harris Pallone Vitali Cox Hennessey Parker Vulakovich Cruz Hess Pashinski Wagner Curry Houghton Payne Walko Daley Johnson Payton Wansacz Dally Josephs Peifer Waters Day Kauffman Perzel Watson Deasy Keller, M.K. Petrarca Wheatley DeLuca Keller, W. Petri White Denlinger Kessler Phillips Williams DePasquale Killion Preston Youngblood

Dermody Kirkland Quigley Yudichak DeWeese Knowles Quinn DiGirolamo Kortz Readshaw McCall, Donatucci Kotik Reed Speaker Drucker NAYS–23 Brooks Gillespie Miller Reese Creighton Haluska Moul Roae Cutler Hutchinson Oberlander Samuelson Ellis Krieger Pickett Seip Everett Major Pyle Solobay Gabig Metcalfe Rapp NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Central Penn Oncology

Group. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–178 Adolph Ellis Lentz Reed Baker Evans, D. Levdansky Reese Barbin Evans, J. Longietti Reichley Barrar Everett Maher Roae Bear Fabrizio Mahoney Rock Belfanti Fairchild Major Roebuck Benninghoff Farry Manderino Ross Beyer Fleck Mann Sabatina Bishop Frankel Markosek Sainato Boback Freeman Marshall Santarsiero Boyd Gabig Marsico Santoni Boyle Gabler Matzie Saylor

2630 LEGISLATIVE JOURNAL—HOUSE DECEMBER 14 Bradford Galloway McGeehan Scavello Brennan Geist McI. Smith Shapiro Briggs George Melio Siptroth Brooks Gerber Metzgar Smith, K. Brown Gergely Millard Smith, M. Burns Gibbons Milne Smith, S. Buxton Gingrich Mirabito Sonney Caltagirone Godshall Mundy Staback Carroll Goodman Murphy Stern Casorio Grell Murt Stevenson Causer Grucela Mustio Sturla Christiana Hanna Myers Swanger Clymer Harhai O'Brien, M. Tallman Cohen Harhart O'Neill Taylor, R. Conklin Harkins Oberlander Thomas Costa, D. Harper Oliver True Costa, P. Harris Pallone Turzai Cox Hennessey Parker Vereb Cruz Hess Pashinski Vitali Curry Houghton Payne Vulakovich Daley Hutchinson Payton Wagner Dally Johnson Peifer Walko Day Josephs Perzel Wansacz Deasy Kauffman Petrarca Waters DeLuca Keller, M.K. Petri Watson Denlinger Keller, W. Phillips Wheatley DePasquale Kessler Pickett White Dermody Killion Preston Williams DeWeese Kirkland Pyle Youngblood DiGirolamo Knowles Quigley Yudichak Donatucci Kortz Quinn Drucker Kotik Rapp McCall, Eachus Kula Readshaw Speaker NAYS–12 Creighton Grove Metcalfe Samuelson Cutler Haluska Miller Seip Gillespie Krieger Moul Solobay NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to Lancaster Cleft Palate for

outpatient-inpatient treatment. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.

(Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–178 Adolph Ellis Kula Readshaw Baker Evans, D. Lentz Reed Barbin Evans, J. Levdansky Reichley Barrar Everett Longietti Roae Bear Fabrizio Maher Rock Belfanti Fairchild Mahoney Roebuck Benninghoff Farry Major Ross Beyer Fleck Manderino Sabatina Bishop Frankel Mann Sainato Boback Freeman Markosek Santarsiero Boyd Gabig Marshall Santoni Boyle Gabler Marsico Saylor Bradford Galloway Matzie Scavello Brennan Geist McGeehan Shapiro Briggs George McI. Smith Siptroth Brooks Gerber Melio Smith, K. Brown Gergely Metzgar Smith, M. Burns Gibbons Millard Smith, S. Buxton Gingrich Milne Sonney Caltagirone Godshall Mirabito Staback Carroll Goodman Mundy Stern Casorio Grell Murphy Stevenson Causer Grove Murt Sturla Christiana Grucela Mustio Swanger Clymer Hanna Myers Tallman Cohen Harhai O'Brien, M. Taylor, R. Conklin Harhart O'Neill Thomas Costa, D. Harkins Oberlander True Costa, P. Harper Oliver Turzai Cox Harris Pallone Vereb Cruz Hennessey Parker Vitali Curry Hess Pashinski Vulakovich Daley Houghton Payne Wagner Dally Hutchinson Payton Walko Day Johnson Peifer Wansacz Deasy Josephs Perzel Waters DeLuca Kauffman Petrarca Watson Denlinger Keller, M.K. Petri Wheatley DePasquale Keller, W. Phillips White Dermody Kessler Pickett Williams DeWeese Killion Preston Youngblood DiGirolamo Kirkland Pyle Yudichak Donatucci Knowles Quigley Drucker Kortz Quinn McCall, Eachus Kotik Rapp Speaker NAYS–12 Creighton Haluska Miller Samuelson Cutler Krieger Moul Seip Gillespie Metcalfe Reese Solobay NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J.




An Act making an appropriation to the Burn Foundation,

Philadelphia, for outpatient and inpatient treatment. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–175 Adolph Ellis Lentz Reed Baker Evans, D. Levdansky Reichley Barbin Evans, J. Longietti Roae Barrar Fabrizio Maher Rock Bear Fairchild Mahoney Roebuck Belfanti Farry Major Ross Benninghoff Fleck Manderino Sabatina Beyer Frankel Mann Sainato Bishop Freeman Markosek Santarsiero Boback Gabig Marshall Santoni Boyd Gabler Marsico Saylor Boyle Galloway Matzie Scavello Bradford Geist McGeehan Shapiro Brennan George McI. Smith Siptroth Briggs Gerber Melio Smith, K. Brooks Gergely Metzgar Smith, M. Brown Gibbons Millard Smith, S. Burns Gingrich Milne Sonney Buxton Godshall Mirabito Staback Caltagirone Goodman Mundy Stern Carroll Grell Murphy Stevenson Casorio Grucela Murt Sturla Causer Hanna Mustio Swanger Christiana Harhai Myers Tallman Clymer Harhart O'Brien, M. Taylor, R. Cohen Harkins O'Neill Thomas Conklin Harper Oberlander True Costa, D. Harris Oliver Turzai Costa, P. Hennessey Pallone Vereb Cox Hess Parker Vitali Cruz Houghton Pashinski Vulakovich Curry Hutchinson Payne Wagner Daley Johnson Payton Walko Dally Josephs Peifer Wansacz Day Kauffman Perzel Waters

Deasy Keller, M.K. Petrarca Watson DeLuca Keller, W. Petri Wheatley Denlinger Kessler Phillips White DePasquale Killion Pickett Williams Dermody Kirkland Preston Youngblood DeWeese Knowles Quigley Yudichak DiGirolamo Kortz Quinn Donatucci Kotik Rapp McCall, Drucker Kula Readshaw Speaker Eachus NAYS–15 Creighton Grove Miller Samuelson Cutler Haluska Moul Seip Everett Krieger Pyle Solobay Gillespie Metcalfe Reese NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.

STATEMENT BY MR. PAYTON

The SPEAKER. For what purpose does the gentleman from Philadelphia, Representative Payton, rise? Mr. PAYTON. Personal privilege. Mr. Speaker, I would like— The SPEAKER. The gentleman can be recognized under unanimous consent. Without objection, he will be recognized. Mr. PAYTON. Mr. Speaker, I would like for us in this body to have a moment of silence for Mr. Bill Rieger, who served in this august body for 40 years from the 179th District. He passed away Friday, and his funeral is tomorrow morning, and we will not be able to go because we are doing the people's business. Thank you, Rosita. The SPEAKER. The Chair thanks the gentleman. The House fully intends to take up a condolence resolution for the gentleman, Mr. Rieger, but in absence of that, and since the House has been delayed and there will be members that will not be able to attend the funeral, I think it appropriate that we just take a moment to remember our fallen colleague, Representative Rieger. (Whereupon, the members of the House and all visitors stood in a moment of silence in solemn respect to the memory of the Honorable Bill Rieger.) The SPEAKER. The Chair thanks the gentleman. The Chair thanks the members.




An Act making an appropriation to The Children's Institute,

Pittsburgh, for treatment and rehabilitation of certain persons with disabling diseases. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–181 Adolph Evans, D. Lentz Reed Baker Evans, J. Levdansky Reese Barbin Everett Longietti Reichley Barrar Fabrizio Maher Roae Bear Fairchild Mahoney Rock Belfanti Farry Major Roebuck Benninghoff Fleck Manderino Ross Beyer Frankel Mann Sabatina Bishop Freeman Markosek Sainato Boback Gabig Marshall Santarsiero Boyd Gabler Marsico Santoni Boyle Galloway Matzie Saylor Bradford Geist McGeehan Scavello Brennan George McI. Smith Shapiro Briggs Gerber Melio Siptroth Brooks Gergely Metzgar Smith, K. Brown Gibbons Millard Smith, M. Burns Gingrich Milne Smith, S. Buxton Godshall Mirabito Sonney Caltagirone Goodman Moul Staback Carroll Grell Mundy Stern Casorio Grove Murphy Stevenson Causer Grucela Murt Sturla Christiana Hanna Mustio Swanger Clymer Harhai Myers Tallman Cohen Harhart O'Brien, M. Taylor, R. Conklin Harkins O'Neill Thomas Costa, D. Harper Oberlander True Costa, P. Harris Oliver Turzai Cox Hennessey Pallone Vereb Cruz Hess Parker Vitali Curry Houghton Pashinski Vulakovich Daley Hutchinson Payne Wagner Dally Johnson Payton Walko Day Josephs Peifer Wansacz Deasy Kauffman Perzel Waters DeLuca Keller, M.K. Petrarca Watson Denlinger Keller, W. Petri Wheatley DePasquale Kessler Phillips White Dermody Killion Pickett Williams DeWeese Kirkland Preston Youngblood DiGirolamo Knowles Pyle Yudichak Donatucci Kortz Quigley Drucker Kotik Quinn McCall, Eachus Krieger Rapp Speaker Ellis Kula Readshaw

NAYS–9 Creighton Haluska Miller Seip Cutler Metcalfe Samuelson Solobay Gillespie NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to The Children's Hospital of

Philadelphia for comprehensive patient care and general maintenance and operation of the hospital. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–181 Adolph Evans, D. Lentz Reed Baker Evans, J. Levdansky Reese Barbin Everett Longietti Reichley Barrar Fabrizio Maher Roae Bear Fairchild Mahoney Rock Belfanti Farry Major Roebuck Benninghoff Fleck Manderino Ross Beyer Frankel Mann Sabatina Bishop Freeman Markosek Sainato Boback Gabig Marshall Santarsiero Boyd Gabler Marsico Santoni Boyle Galloway Matzie Saylor Bradford Geist McGeehan Scavello Brennan George McI. Smith Shapiro Briggs Gerber Melio Siptroth Brooks Gergely Metzgar Smith, K. Brown Gibbons Millard Smith, M. Burns Gingrich Milne Smith, S. Buxton Godshall Mirabito Sonney Caltagirone Goodman Moul Staback

2009 LEGISLATIVE JOURNAL—HOUSE 2633 Carroll Grell Mundy Stern Casorio Grove Murphy Stevenson Causer Grucela Murt Sturla Christiana Hanna Mustio Swanger Clymer Harhai Myers Tallman Cohen Harhart O'Brien, M. Taylor, R. Conklin Harkins O'Neill Thomas Costa, D. Harper Oberlander True Costa, P. Harris Oliver Turzai Cox Hennessey Pallone Vereb Cruz Hess Parker Vitali Curry Houghton Pashinski Vulakovich Daley Hutchinson Payne Wagner Dally Johnson Payton Walko Day Josephs Peifer Wansacz Deasy Kauffman Perzel Waters DeLuca Keller, M.K. Petrarca Watson Denlinger Keller, W. Petri Wheatley DePasquale Kessler Phillips White Dermody Killion Pickett Williams DeWeese Kirkland Preston Youngblood DiGirolamo Knowles Pyle Yudichak Donatucci Kortz Quigley Drucker Kotik Quinn McCall, Eachus Krieger Rapp Speaker Ellis Kula Readshaw NAYS–9 Creighton Haluska Miller Seip Cutler Metcalfe Samuelson Solobay Gillespie NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.


An Act making an appropriation to the Philadelphia Health and

Education Corporation for the Colleges of Medicine, Public Health, Nursing and Health Professions for continuation of pediatric services. On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.)

The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–171 Adolph Eachus Lentz Readshaw Baker Evans, D. Levdansky Reed Barbin Evans, J. Longietti Reichley Barrar Fabrizio Maher Rock Bear Farry Mahoney Roebuck Belfanti Fleck Major Ross Benninghoff Frankel Manderino Sabatina Beyer Freeman Mann Sainato Bishop Gabig Markosek Santarsiero Boback Gabler Marshall Santoni Boyd Galloway Marsico Saylor Boyle Geist Matzie Scavello Bradford George McGeehan Shapiro Brennan Gerber McI. Smith Smith, K. Briggs Gergely Melio Smith, M. Brooks Gibbons Metzgar Smith, S. Brown Gingrich Millard Sonney Burns Godshall Milne Staback Buxton Goodman Mirabito Stern Caltagirone Grell Mundy Stevenson Carroll Grucela Murphy Sturla Casorio Hanna Murt Swanger Causer Harhai Mustio Tallman Christiana Harhart Myers Taylor, R. Clymer Harkins O'Brien, M. Thomas Cohen Harper O'Neill True Conklin Harris Oberlander Turzai Costa, D. Hennessey Oliver Vereb Costa, P. Hess Pallone Vitali Cox Houghton Parker Vulakovich Cruz Hutchinson Pashinski Wagner Curry Johnson Payne Walko Daley Josephs Payton Wansacz Dally Kauffman Peifer Waters Day Keller, M.K. Perzel Watson Deasy Keller, W. Petrarca Wheatley DeLuca Kessler Petri White Denlinger Killion Phillips Williams DePasquale Kirkland Pickett Youngblood Dermody Knowles Preston Yudichak DeWeese Kortz Quigley DiGirolamo Kotik Quinn McCall, Donatucci Kula Rapp Speaker Drucker NAYS–19 Creighton Gillespie Miller Samuelson Cutler Grove Moul Seip Ellis Haluska Pyle Siptroth Everett Krieger Reese Solobay Fairchild Metcalfe Roae NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J.



* * *


An Act making an appropriation to the Beacon Lodge Camp.

On the question, Will the House agree to the bill on third consideration? Bill was agreed to. The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage. (Bill analysis was read.) The SPEAKER. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The following roll call was recorded: YEAS–180 Adolph Evans, D. Levdansky Readshaw Baker Evans, J. Longietti Reed Barbin Everett Maher Reichley Barrar Fabrizio Mahoney Roae Bear Fairchild Major Rock Belfanti Farry Manderino Roebuck Benninghoff Fleck Mann Ross Beyer Frankel Markosek Sabatina Bishop Freeman Marshall Sainato Boback Gabig Marsico Santarsiero Boyd Gabler Matzie Santoni Boyle Galloway McGeehan Saylor Bradford Geist McI. Smith Scavello Brennan George Melio Shapiro Briggs Gerber Metzgar Siptroth Brooks Gergely Millard Smith, K. Brown Gibbons Miller Smith, M. Burns Gingrich Milne Smith, S. Buxton Godshall Mirabito Sonney Caltagirone Goodman Moul Staback Carroll Grell Mundy Stern Casorio Grove Murphy Stevenson Causer Grucela Murt Sturla Christiana Hanna Mustio Swanger Clymer Harhai Myers Tallman Cohen Harhart O'Brien, M. Taylor, R. Conklin Harkins O'Neill Thomas Costa, D. Harper Oberlander True Costa, P. Harris Oliver Turzai Cox Hennessey Pallone Vereb Cruz Hess Parker Vitali Curry Houghton Pashinski Vulakovich Daley Hutchinson Payne Wagner Dally Johnson Payton Walko Day Josephs Peifer Wansacz Deasy Kauffman Perzel Waters DeLuca Keller, M.K. Petrarca Watson

Denlinger Keller, W. Petri Wheatley DePasquale Kessler Phillips White Dermody Killion Pickett Williams DeWeese Kirkland Preston Youngblood DiGirolamo Knowles Pyle Yudichak Donatucci Kortz Quigley Drucker Kotik Quinn McCall, Eachus Kula Rapp Speaker Ellis Lentz NAYS–10 Creighton Haluska Reese Seip Cutler Krieger Samuelson Solobay Gillespie Metcalfe NOT VOTING–0 EXCUSED–12 Civera Hickernell Micozzie Rohrer Delozier Hornaman O'Brien, D. Schroder Helm Miccarelli Perry Taylor, J. The two-thirds majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative and the bill passed finally. Ordered, That the clerk return the same to the Senate with the information that the House has passed the same without amendment.

RECONSIDERATION MOTIONS WITHDRAWN

The SPEAKER. The Chair has in its possession two reconsideration motions on the vote for HB 1684. Both of those reconsideration motions have been withdrawn.

BILLS REMOVED FROM TABLE

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be removed from the tabled calendar: HB 123; HB 325; HB 751; HB 1114; HB 1363; HB 1598; HB 1675; HB 1878; HB 1989; HB 2037; HB 2066; HB 2067; HB 2087; and SB 136. On the question, Will the House agree to the motion? Motion was agreed to.


BILLS RECOMMITTED

The SPEAKER. The Chair recognizes the majority leader, who moves that the following bills be recommitted to the Committee on Appropriations: HB 123; HB 325; HB 751; HB 1114; HB 1363; HB 1598; HB 1675; HB 1878; HB 1989; HB 2037; HB 2066; HB 2067; HB 2087; and SB 136. On the question, Will the House agree to the motion? Motion was agreed to.

CONSUMER AFFAIRS COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentleman from Allegheny County, Representative Preston, for the purpose of an announcement. Mr. PRESTON. Mr. Speaker, the Consumer Affairs Committee meeting that was scheduled for tomorrow at 10 o'clock in the Ryan Building, 205, has been changed. We will meet at 10 o'clock on Wednesday in the Ryan Building, room 205; 10 o'clock on Wednesday, Consumer Affairs. Thank you. The SPEAKER. The Chair thanks the gentleman. There will be a Consumer Affairs meeting at 10 o'clock on Wednesday in room 205 of the Ryan Building.

ANNOUNCEMENT BY MR. CALTAGIRONE

The SPEAKER. The Chair recognizes the gentleman from Berks County, Representative Caltagirone, for the purpose of an announcement. Mr. CALTAGIRONE. Thank you, Mr. Speaker. The House Judiciary Committee has a joint hearing scheduled for tomorrow at 10 a.m. with the Senate Judiciary Committee. If the House is in session tomorrow at 10, which I do believe it is, the House Judiciary hearing will be officially canceled, but the Senate Judiciary Committee will proceed with the hearing, and if any of the members of the House committee would like to attend, they certainly would be invited. It will be at 11? If that is the case, I have been told that we are in at 11 so members will be able – correct me if I am wrong, Mr. Speaker – members from the Judiciary that would like to attend that hearing over in the Senate will have time from 10 to 11. The SPEAKER. The gentleman is correct. The House will be in at 11 o'clock tomorrow. Mr. CALTAGIRONE. Thank you.

ANNOUNCEMENT BY MAJORITY LEADER

The SPEAKER. The Chair recognizes the majority leader for the purpose of that announcement. Mr. EACHUS. Thank you. For the information of the members, we will start at 11 a.m. here on the House floor. The SPEAKER. Are there any further announcements?

COMMITTEE MEETING CANCELED

The SPEAKER. The Chair recognizes the gentleman from Washington County, Representative Daley. Mr. DALEY. Thank you, Mr. Speaker. The House Commerce Committee will be canceled for tomorrow. We will be having a meeting on Wednesday. Thank you. The SPEAKER. The Chair thanks the gentleman.

BILLS AND RESOLUTIONS PASSED OVER

The SPEAKER. Without objection, any remaining bills and resolutions on today's calendar will be passed over. The Chair hears no objection.

RECESS

The SPEAKER. This House stands in recess, unless sooner recalled by the Speaker.