|
|
|
State Law
Federal Law
|
General and specific powers - 4 Pa. Cons. Stat. § 1202Legal Research Home > Pennsylvania Statutes
§ 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 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.
(3) In addition to employees authorized by the board,
each member may employ one special assistant whose
classification and compensation shall be established by the
board. A special assistant shall be a State employee for
purposes of 71 Pa.C.S. Pt. XXV, shall serve at the pleasure
of the member and may only be removed by the board for cause.
(4) The board shall establish a system of classification
and compensation of its employees and shall not be subject to
the provisions of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929, as to
classification and compensation for its employees and conduct
its activities consistent with the practices and procedures
of Commonwealth agencies.
(5) Within 90 days of the effective date of this
paragraph, the board shall publish in the Pennsylvania
Bulletin and on the board's Internet website the
classification system for all employees of the board.
(6) A request for proposal to conduct investigations of
employees and applicants under this part shall include a
requirement that an offeror provide the number of employees
of the offeror who will be engaged in the conduct of
investigations and who are residents of this Commonwealth and
annuitants of a Federal, State or local law enforcement
agency. Preference shall be given to an offeror with a
substantial number of employees who will be engaged in the
conduct of investigations and who are residents of this
Commonwealth and annuitants of a Federal, State or local law
enforcement agency.
(b) Specific powers.--The board shall have the specific
power and duty:
(1) To adopt, use and alter a corporate seal.
(2) To pay or satisfy obligations of the board.
(3) To sue or be sued, implead and be impleaded, or
interplead.
(4) To contract and execute instruments as necessary to
carry out the powers and duties of the board. Contracts for
the purchase of supplies, services and construction shall be
for a term not to exceed two years.
(5) To sell, transfer, convey and dispose of tangible or
intangible property owned by the board.
(6) To establish, charge and collect fees and fines as
authorized by this part.
(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.
(8) To purchase insurance against a loss related to the
board's property or assets.
(8.1) To retain attorneys, accountants, auditors and
financial and other experts to render services as necessary.
For the purposes of this paragraph, the board shall be
considered an independent agency for purposes of the
Commonwealth Attorneys Act.
(9) To require background investigations on applicants,
licensees, principals, key employees or permittees under the
jurisdiction of the board.
(10) To enter into an agreement with the Pennsylvania
State Police for the reimbursement of actual costs as
approved by the board to the Pennsylvania State Police for
the investigations. Investigations shall include information
in the possession of the Attorney General.
(11) For purposes of licensing and enforcement and for
purposes of the background investigation, to receive
information otherwise protected by 18 Pa.C.S. Ch. 91
(relating to criminal history record information).
(12) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance or renewal of
slot machine licenses.
(13) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance or renewal of
supplier and manufacturer licenses.
(14) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance or renewal of a
license or permit for various classes of employees as
required under this part.
(15) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance or renewal of any
additional licenses or permits which may be required by the
board under this part.
(16) At its discretion, to suspend, condition or deny
the issuance or renewal of any license or permit or levy
fines or other sanctions for any violation of this part.
(17) To require prospective and existing employees,
independent contractors, applicants, licensees and permittees
to submit to fingerprinting by the Pennsylvania State Police.
The Pennsylvania State Police shall submit the fingerprints
to the Federal Bureau of Investigation for purposes of
verifying the identity of the individual and obtaining
records of criminal arrests and convictions.
(18) To require prospective and existing employees,
independent contractors, applicants, licensees and permittees
to submit photographs consistent with the standards of the
Commonwealth Photo Imaging Network.
(19) To levy fines or other sanctions against an
applicant, licensed entity or other licensee, permittee or
employee of the board who possesses, uses, sells or offers
for sale any device, equipment or material subject to this
part in a manner which constitutes a violation of this part.
(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
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.
(21) Within six months after the effective date of this
part, in a manner that does not impede the immediate
implementation of the duties and responsibilities of the
board under this part during the immediate two years after
the effective date of this part, to develop and implement an
affirmative action plan to assure that all persons are
accorded equality of opportunity in employment and
contracting by the board, its contractors, subcontractors,
assignees, lessees, agents, vendors and suppliers.
(22) Except for contracts related to the central control
computer, all contracts entered into by the board during the
two-year period following the effective date of this part
shall not exceed a term of two years.
(23) The board shall not issue or renew a license or
permit unless it is satisfied 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.
(24) Notwithstanding any other provision of law, to
sell, in whole or in part, the Commonwealth's right, title
and interest in State gaming receipts to the authority. The
sale shall be subject to the terms and conditions contained
in agreements between the board and the authority. Proceeds
from the sale of State gaming receipts shall be allocated and
used in the manner otherwise provided by this part for the
distribution of State gaming receipts. The authority is
authorized to purchase State gaming receipts upon terms and
conditions agreed to by the board and to issue bonds to fund
the purchase of State gaming receipts in the manner provided
for the issuance of authority indebtedness in the law
establishing the authority. The State Treasurer is authorized
and directed to enter into any agreements with the board and
the authority and establish accounts and funds, that shall
not be in the State Treasury, as the authority may direct as
being necessary or appropriate to effect the sale of State
gaming receipts to the authority and the collection and
transfer of the State gaming receipts sold to the authority.
State gaming receipts sold to the authority shall be the
property of the authority and shall not be the property of
the Commonwealth.
(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.
(26) To enter into an agreement with the district
attorneys of the counties wherein licensed facilities are
located and the Office of Attorney General for the
reimbursement of actual costs for prosecutions of criminal
violations and for investigating a person applying for a
determination that an individual has been rehabilitated under
this part.
(27) To publish each January in the Pennsylvania
Bulletin and on the board's Internet website a complete list
of all persons or entities who applied for or held a slot
machine license, manufacturer license, supplier license or
racetrack license at any time during the preceding calendar
year and all affiliates, intermediaries, subsidiaries and
holding companies thereof and the status of the application
or license.
(28) To prepare and, through the Governor, submit
annually to the General Assembly an itemized budget
consistent with Article VI of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
consisting of the amounts necessary to be appropriated by the
General Assembly out of the accounts established under
section 1401 (relating to slot machine licensee deposits)
required to meet the obligations accruing during the fiscal
period beginning July 1 of the following year. The budget
shall include itemized recommendations for the Attorney
General, the department and the Pennsylvania State Police as
to the amount needed to meet their obligations under this
part.
(29) In the event that, in any year, appropriations for
the administration of this part are not enacted by June 30,
any funds appropriated for the administration of this part
which are unexpended, uncommitted and unencumbered at the end
of a fiscal year shall remain available for expenditure by
the board or other agency to which they were appropriated
until the enactment of appropriation for the ensuing fiscal
year.
(30) To promulgate rules and regulations necessary for
the administration and enforcement of this part, including
regulations in cooperation with the Pennsylvania Liquor
Control Board and regulations relating to the sale and
service of liquor and malt and brewed beverages by licensees.
Except as provided in section 1203 (relating to temporary
regulations), regulations shall be adopted pursuant to the
act of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law, and the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act.
(Nov. 1, 2006, P.L.1243, No.135, eff. imd.)
Cross References. Section 1202 is referred to in sections
1103, 1209, 1512, 1517 of this title.
Section: Previous 1101 1102 1103 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 Next
Last modified: November 27, 2007 |