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Investigations and enforcement - 4 Pa. Cons. Stat. § 1517

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     § 1517.  Investigations and enforcement.
        (a)  Establishment.--There is hereby established within the
     board a Bureau of Investigations and Enforcement which shall be
     independent of the board in matters relating to the enforcement
     of this part. The bureau shall have the powers and duties set
     forth in subsection (a.1).
        (a.1)  Powers and duties of bureau.--The Bureau of
     Investigations and Enforcement shall have the following powers
     and duties:
            (1)  Enforce the provisions of this part.
            (2)  Investigate and review all applicants and
        applications for a license, permit or registration.
            (3)  Investigate licensees, permittees, registrants and
        other persons regulated by the board for noncriminal
        violations of this part, including potential violations
        referred to the bureau by the board or other person.
            (4)  Monitor gaming operations to ensure all of the
        following:
                (i)  Compliance with this part, the act of April 12,
            1951 (P.L.90, No.21), known as the Liquor Code, and the
            other laws of this Commonwealth.
                (ii)  The implementation of adequate security
            measures by a licensed entity.
            (5)  Inspect and examine licensed entities as provided in
        subsection (e). Inspections may include the review and
        reproduction of any document or record.
            (6)  Conduct audits of a licensed entity as necessary to
        ensure compliance with this part. An audit may include the
        review of accounting, administrative and financial records,
        management control systems, procedures and other records
        utilized by a licensed entity.
            (7)  Refer possible criminal violations to the
        Pennsylvania State Police. The bureau shall not have the
        power of arrest.
            (8)  Cooperate in the investigation and prosecution of
        criminal violations related to this part.
            (9)  Be a criminal justice agency under 18 Pa.C.S. Ch. 91
        (relating to criminal history record information).
        (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:
                (i)  Advise the bureau on all matters, including the
            granting of licenses, permits or registrations, the
            conduct of background investigations, audits and
            inspections and the investigation of potential violations
            of this part.
                (ii)  File recommendations and objections relating to
            the issuance of licenses, permits and registrations on
            behalf of the bureau.
                (iii)  Initiate, in its sole discretion, proceedings
            for noncriminal violations of this part by filing a
            complaint or other pleading with the board.
            (2)  The director of the Office of Enforcement Counsel
        shall report to the executive director of the board on
        administrative matters. The director shall be selected by the
        board and shall be an attorney admitted to practice before
        the Pennsylvania Supreme Court.
        (b)  Powers and duties of department.--
            (1)  The department shall at all times have the power of
        access to examination and audit of any equipment and records
        relating to all aspects of the operation of slot machines
        under this part.
            (2)  Notwithstanding the provisions of section 353(f) of
        the act of March 4, 1971 (P.L.6, No.2), known as the Tax
        Reform Code of 1971, the department shall supply the board,
        the bureau, the Pennsylvania State Police and the Office of
        Attorney General with information concerning the status of
        delinquent taxes owned by the applicant, licensee or
        permittee.
        (c)  Powers and duties of the Pennsylvania State Police.--The
     Pennsylvania State Police shall have the following powers and
     duties:
            (1)  Promptly conduct background investigations on
        persons as directed by the board in accordance with the
        provisions of section 1202 (relating to general and specific
        powers). The Pennsylvania State Police may contract with
        other law enforcement annuitants to assist in the conduct of
        investigations under this paragraph.
            (2)  (Deleted by amendment).
            (3)  Initiate proceedings for criminal violations of this
        part.
            (4)  Provide the board with all information necessary for
        all actions under this part for all proceedings involving
        criminal enforcement of this part.
            (5)  Inspect, when appropriate, a licensee's or
        permittee's person and personal effects present in a licensed
        facility under this part while that licensee or permittee is
        present at a licensed facility.
            (6)  Enforce the criminal provisions of this part and all
        other criminal laws of the Commonwealth.
            (7)  Fingerprint applicants for licenses and permits.
            (8)  Exchange fingerprint data with and receive national
        criminal history record information from the FBI for use in
        investigating applications for any license or permit under
        this part.
            (9)  Receive and take appropriate action on any referral
        from the board relating to criminal conduct.
            (10)  Require the production of any information, material
        and other data from any licensee, permittee or other
        applicant seeking approval from the board.
            (11)  Conduct administrative inspections on the premises
        of licensed racetrack or nonprimary location or licensed
        facility at such times, under such circumstances and to such
        extent as the bureau determines to ensure compliance with
        this part and the regulations of the board and, in the course
        of inspections, review and make copies of all documents and
        records required by the inspection through onsite observation
        and other reasonable means to assure compliance with this
        part and regulations promulgated under this part.
            (12)  Conduct audits or verification of information of
        slot machine 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.
            (13)  A member of the Pennsylvania State Police assigned
        to duties of enforcement under this part shall not be counted
        toward the complement as defined in the act of December 13,
        2001 (P.L.903, No.100), entitled "An act repealing in part a
        limitation on the complement of the Pennsylvania State
        Police."
        (c.1)  Powers and duties of Attorney General.--Within the
     Office of Attorney General, the Attorney General shall establish
     a gaming unit. The unit shall investigate and institute criminal
     proceedings as authorized by subsection (d).
        (d)  Criminal action.--
            (1)  The district attorneys of the several counties shall
        have authority to investigate and to institute criminal
        proceedings for a violation of this part.
            (2)  In addition to the authority conferred upon the
        Attorney General under the act of October 15, 1980 (P.L.950,
        No.164), known as the Commonwealth Attorneys Act, the
        Attorney General shall have the authority to investigate and,
        following consultation with the appropriate district
        attorney, to institute criminal proceedings for a violation
        of this part. A person charged with a violation of this part
        by the Attorney General shall not have standing to challenge
        the authority of the Attorney General to investigate or
        prosecute the case, and, if any such challenge is made, the
        challenge shall be dismissed and no relief shall be available
        in the courts of this Commonwealth to the person making the
        challenge.
        (d.1)  Regulatory action.--Nothing contained in subsection
     (d) shall be construed to limit the existing regulatory or
     investigative authority of an agency or the Commonwealth whose
     functions relate to persons or matters within the scope of this
     part.
        (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
            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 room or its equipment or slot machine
            operations.
            (2)  The provisions of paragraph (1) shall not be deemed
        to limit warrantless inspections except in accordance with
        constitutional requirements.
            (3)  To further effectuate the purposes of this part, the
        bureau and the Pennsylvania State Police may obtain
        administrative warrants for the inspection and seizure of
        property possessed, controlled, bailed or otherwise held by
        an applicant, licensee, permittee, intermediary, subsidiary,
        affiliate or holding company.
        (f)  Information sharing and enforcement referral.--With
     respect to the administration, supervision and enforcement of
     this part, the bureau, the department, the Pennsylvania State
     Police or the Office of Attorney General may obtain or provide
     pertinent information regarding applicants, licensees or
     permittees from or to law enforcement entities or gaming
     authorities of the Commonwealth and other domestic, foreign or
     federally approved jurisdictions, including the Federal Bureau
     of Investigation, and may transmit such information to each
     other electronically.
     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.)

        2006 Amendment.  Act 135 amended the section heading and
     subsecs. (a), (c) and (d) and added subsecs. (a.1), (a.2), (c.1)
     and (d.1).
        Cross References.  Section 1517 is referred to in section
     1206 of this title.

Last modified: November 27, 2007