POST SESSION REPORT (July 1, 2004)
   

PASSED THE SENATE

 


HB 2330, PN4272
:
The legislation amends Title 4 (Amusements) to authorize certain racetrack and other gaming in the Commonwealth.  The bill provides for slot machines at each of 12 locations throughout the state: seven at racetracks and five at nontrack locations (two required to be in Philadelphia and one in Pittsburgh) , in addition to two resorts.  The bill provides for a one-time license fee of $50 million for larger facilities and a $5 million fee for resort licenses.  The bill establishes a seven-member Pennsylvania Gaming Control Board as an oversight board to the state’s gaming industry.  Revenue generated through slot machines shall be divided as follows: 48% to casino operators; 34% to property tax relief; 9% to the horse racing industry; 5% to economic development and tourism; and 4% to local and county governments that host slot machine facilities.  This bill also provides $2.5 million a year for gambling addiction treatment.  A 30-20 vote was recorded.            

A3055(Tomlinson): This amendment placed the gaming language into House Bill 2330.  Prior to this amendment, the original language of House Bill 2330 only provided for background checks on individuals involved in the harness and horse racing industries.  A 30-20 vote was recorded.     

The following amendments were offered as amendments to amendment A3055 prior to its adoption: 

A3129(Fumo): This is a technical amendment that clarifies language throughout the bill.   The amendment was agreed to.  

A3204(Fumo): This amendment removes the Gaming Control Board from those entities responsible for enforcement, leaving such matters to the State Police’s Bureau of Investigations and Enforcement.  The amendment was agreed to. 

A3178(Armstrong): This amendment requires holders of Class 1 through 3 licenses to make up the difference in funds if the Commonwealth’s take falls below $800 million.  A 20-30 vote was recorded. 

A3195(Armstrong): This amendment provides for all slot licenses to be auctioned off rather than be sold at a set price as outlined in the bill.  A 21-29 vote was recorded. 

A3156(M.J. White): This amendment requires Gaming Board members to disclose the existence of all interests in licensed facilities and all securities in licensed facilities and all securities in any licensed entity or applicant, its affiliates or subsidiaries held by the member or the member’s immediate family.  The amendment also prohibits a board member, the member’s spouse and any minor children form acquiring any security in any licensed entity, its affiliates or subsidiaries during the member’s tenure on the Gaming Board.  A 21-29 vote was recorded. 

A3182(M.J. White): This amendment prohibits establishments with slot machines from providing free liquor to customers.  A 22-28 vote was recorded. 

A3211(M.J. White): This amendment requires members and employees of the Gaming Control Board to be subject to the Governor’s Code of Conduct.  A 22-28 vote was recorded.

A3197(Piccola): This amendment adds the Pennsylvania RICO provisions as outlined in the Crimes Code to the bill and applies the provisions to the gaming industry.  A 22-28 vote was recorded. 

A3142(Piccola): This amendment gives the Attorney General the power to concurrently prosecute violations of the provisions set forth in the bill along with the local district attorneys.  A 22-28 vote was recorded.

A3090(Piccola): This amendment removes the requirement that the State Police first receive the Gaming Board’s approval for reimbursement for investigations and background checks.  A 22-28 vote was recorded.

A3095(Piccola): This amendment prohibits any person ever convicted of a felony, first degree misdemeanor, gambling offense or criminal offense under the gaming act from obtaining or continuing to hold a license or permit.  A 21-29 vote was recorded.

A3217(Wonderling): This amendment directs the Gaming Board to reimburse property owners all reasonable costs incurred to them in the event they become a defendant in any civil action initiated by a Native American tribe for the purpose of establishing a site for gaming facility.  The amendment also prohibits any new licensed racetrack or slot machine facility from being located within one mile of any school.  A 21-29 vote was recorded.

A3240(Wonderling): This amendment requires the Governor to receive approval from the General Assembly in the event the Governor enters into a compact with a Native American tribe allowing the tribe to open a casino in the Commonwealth.  The amendment also prohibits any new licensed racetrack or slot machine facility from being located within one mile of any school.  A 22-28 vote was recorded.

A3243(Brightbill): This amendment prohibits public officials from having any interest in a licensed gaming entity, manufacturers licensee and supplier licensee.  A 21-29 vote was recorded.

A3209(Rhoades): This amendment lowers the amount of interest a public official is permitted to have in a licensed facility from 5% to 1%.  The amendment was agreed to.

A3215(Robbins): This amendment prohibits the use of money from the Gaming Economic Development and Tourism Fund to satisfy any non-state participation requirements under the Capital Facilities Debt Enabling Act.  A 20-30 vote was recorded.
 

A3225(Robbins): This amendment prohibits the use of money from the State Gaming Fund to satisfy any non-state participation requirements under the Capital Facilities Debt Enabling Act.  A 20-30 vote was recorded.


A3229(Robbins): This amendment prohibits any licensee, employee, manufacturer, manufacturer licensee, supplier, supplier licensee or financial backer of a licensed facility from eligibility for any program established under the Job Enhancement Act.  A 20-30 vote was recorded.

A3086(Dent): This amendment transfers $500,000 from the Gaming Fund to municipalities that are home to existing off track betting tracks (OTBs) that receive slot licenses.  A 20-30 vote was recorded.

A3160(Armstrong): This amendment allocates $10 million from the Gaming Fund to victims of domestic abuse.  A 21-29 vote was recorded.

A3212(Armstrong): This amendment allocates $25 million to the State Police to cover costs associated with this act.  A 21-29 vote was recorded.

A3210(Armstrong): This amendment allocates $1 million to host municipalities of State System of Higher Education universities.  A 21-29 vote was recorded.

A3245(Armstrong): This amendment guarantees that at least $500 million of funds from gaming will be put forth towards property tax relief.  A 21-29 vote was recorded.

A3171(Armstrong): This amendment removes the bonding authority from the bill.  A 22-28 vote was recorded.

A3202(M.J. White): This amendment restores the authority of the Gaming Board to determine the location of gaming parlors in second class cities (Pittsburgh).  A 21-29 vote was recorded.

A3128(Piccola): This amendment requires the Gaming Board to function under the same laws governing appeals, hearings and public access to deliberations as those which apply to all other state agencies.  A 22-28 vote was recorded.

A3230(Fumo): This amendment clarifies language pertaining to affirmative action as it appears in the bill.  The amendment was agreed to.

Note: There was a motion prior to debate on amendments to the bill by Senator Armstrong to table the bill.  The motion failed on a 19-31 vote.

EXECUTIVE NOMINATIONS: Leonard N. Zito was confirmed as Judge to the Court of Common Pleas of Northampton County.  A 48-2 vote was recorded.