PRINTER'S NO. 3543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2520
Session of
2024
INTRODUCED BY WAXMAN, T. DAVIS AND HILL-EVANS, JULY 30, 2024
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JULY 30, 2024
AN ACT
Amending the act of December 19, 1988 (P.L.1262, No.156),
entitled "An act providing for the licensing of eligible
organizations to conduct games of chance, for the licensing
of persons to distribute games of chance, for the
registration of manufacturers of games of chance, and for
suspensions and revocations of licenses and permits;
requiring records; providing for local referendum by
electorate; and prescribing penalties," providing for
nonbanking games; imposing duties on the Pennsylvania Gaming
Control Board and the Department of Drug and Alcohol
Programs; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 19, 1988 (P.L.1262, No.156),
known as the Local Option Small Games of Chance Act, is amended
by adding a chapter to read:
CHAPTER 11
NONBANKING GAMES
Subchapter
A. Preliminary Provisions
B. General Procedures
C. Authorization
D. Operations
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E. Fees and Taxes
F. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
1101. Scope of chapter.
1102. Definitions.
§ 1101. Scope of chapter.
This chapter relates to nonbanking games.
§ 1102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Associated equipment." As follows:
(1) Equipment or a mechanical, electromechanical or
electronic contrivance, component or machine used in
connection with nonbanking games.
(2) The term includes:
(i) Equipment that affects the proper reporting and
counting of gross nonbanking game revenue.
(ii) Computerized systems for controlling and
monitoring nonbanking games.
(iii) Devices for weighing or counting money.
(3) The term does not include count room equipment.
"Board." The Pennsylvania Gaming Control Board.
"Bureau." The Bureau of Investigations and Enforcement of
the board.
"Cash." United States currency and coin.
"Cash equivalent." An asset that is readily convertible to
cash, including any of the following:
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(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) Any other instrument or representation of value that
the board deems a cash equivalent.
"Certificate holder." A licensed entity that holds a
nonbanking game operation certificate awarded by the board in
accordance with section 1122 (relating to standard for review of
petitions).
"Chip." A representation of value, including a plaque,
issued by a certificate holder for use in playing a nonbanking
game at the certificate holder's licensed facility and
redeemable with the issuing certificate holder for cash or cash
equivalent.
"Count room." A secured room at a licensed facility
designated for the counting, wrapping and recording of
nonbanking game receipts.
"Department." The Department of Revenue of the Commonwealth.
"Gaming floor." Any portion of a licensed facility where
nonbanking games have been installed for use or play.
"Gross nonbanking game revenue." As follows:
(1) The total of the following:
(i) Cash or cash equivalents received in the playing
of a nonbanking game minus the total of the following:
(A) Cash or cash equivalents paid to players as
a result of playing a nonbanking game.
(B) Cash or cash equivalents paid to purchase
annuities to fund prizes payable to players over a
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period of time as a result of playing a nonbanking
game.
(C) The actual cost paid by the certificate
holder for any personal property distributed to a
player as a result of playing a nonbanking game, but
not including travel expenses, food, refreshments,
lodging or services.
(ii) 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
nonbanking game contest or tournament, less cash paid or
actual cost paid by a certificate holder for prizes
awarded to the contest or tournament winners.
(iii) The total amount of the rake collected by a
certificate holder.
(2) The term does not include:
(i) Counterfeit cash or chips.
(ii) Coins or currency of other countries received
in the playing of a nonbanking game, except to the extent
that the coins or currency are readily convertible to
cash.
(iii) Cash taken in a fraudulent act perpetrated
against a certificate holder for which the certificate
holder is not reimbursed.
"Key employee." As follows:
(1) An individual who is:
(i) employed in a director or department head
capacity; and
(ii) empowered to make discretionary decisions that
regulate nonbanking game operations in a licensed
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facility.
(2) Unless otherwise designated by the board, a gaming
employee that does not meet the criteria under paragraph (1)
shall be classified as a non-key employee.
"Licensed entity." An entity that has received a license
under this act.
"Licensed facility." The physical land-based location at
which a licensed entity is authorized to conduct small games of
chance or tavern gaming under this act.
"Minor." An individual under 18 years of age.
"Nonbanking game." As follows:
(1) A table game in which:
(i) a player competes against another player; and
(ii) the certificate holder collects a rake.
(2) The term does not include a table game in which a
player competes against the dealer.
"Nonbanking game device." Includes nonbanking game tables,
cards, dice, chips, shufflers, tiles, wheels or any mechanical,
electrical or computerized contrivance, terminal, machine or
other device, apparatus, equipment or supplies approved by the
board and used to conduct a nonbanking game.
"Nonbanking game operation certificate." A certificate
awarded by the board under section 1122 that authorizes a
licensed entity to conduct nonbanking games in accordance with
this chapter.
"Player." An individual wagering cash, a cash equivalent or
other thing of value in the play or operation of a slot machine,
an authorized interactive game or a 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
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machine, authorized interactive game or table game to receive
cash, a cash equivalent or other thing of value from another
player or a slot machine licensee.
"Principal." Any of the following:
(1) An officer or director of a licensed entity.
(2) A person that directly holds a beneficial interest
in or ownership of the securities of a licensed entity.
(3) A person that has:
(i) a controlling interest in a licensed entity; or
(ii) the ability to elect a majority of the board of
directors of a licensed entity or otherwise control a
licensed entity.
(4) A lender or other licensed financial institution of
a licensed entity, other than a bank or lending institution
that makes a loan or holds a mortgage or other lien acquired
in the ordinary course of business.
(5) An underwriter of a licensed entity.
(6) Another person or an employee of a licensed entity
deemed to be a principal by the board.
"Rake." A set fee or percentage assessed by a certificate
holder for providing the services of a dealer, nonbanking game
table or location, to allow the play or operation of a
nonbanking game.
"Security." As defined in section 102(t) of the act of
December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania
Securities Act of 1972.
"Table game." As follows:
(1) A banking or nonbanking game approved by the board.
(2) The term includes roulette, baccarat, blackjack,
poker, craps, big six wheel, mini-baccarat, red dog, pai gow,
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twenty-one, casino war, acey-deucey, sic bo, chuck-a-luck,
Panguingue, Fan-tan, 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.
(3) The term does not include:
(i) 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.
(ii) Bingo as authorized under the act of July 10,
1981 (P.L.214, No.67), known as the Bingo Law.
(iii) Pari-mutuel betting on the outcome of horse
race meetings as authorized under Article XXVIII-D of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(iv) Small games of chance as authorized under this
act.
(v) Slot machine gaming and progressive slot machine
gaming as defined and authorized under 4 Pa.C.S.
(relating to amusements).
(vi) Keno.
(vii) A fantasy contest terminal as authorized under
4 Pa.C.S.
(viii) Lottery under 4 Pa.C.S.
"Tournament." An organized series of contests approved by
the board in which an overall winner is ultimately determined.
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"Underwriter." As defined in section 102(v) of the
Pennsylvania Securities Act of 1972.
SUBCHAPTER B
GENERAL PROCEDURES
Sec.
1111. Authorization to conduct nonbanking games.
1112. Regulatory authority.
1113. Local option.
§ 1111. Authorization to conduct nonbanking games.
(a) Authorization.--
(1) The board may authorize a licensed entity that
operates in a municipality that has adopted a referendum to:
(i) Allow nonbanking games under section 1113
(relating to local option) to conduct nonbanking games,
including nonbanking game contests and tournaments.
(ii) Operate a system of wagering associated with
the conduct of nonbanking games at the licensed facility.
(2) Authorization under paragraph (1) shall be
contingent upon the live poker licensee's agreement to ensure
that nonbanking operations will be conducted in accordance
with this chapter and any other conditions established by the
board.
(3) Licensed entities permitted to conduct games of
chance under section 301 (relating to games of chance
permitted) may conduct nonbanking games for the purpose of
raising money for public interest purposes.
(b) Number of authorized nonbanking tables.--A licensed
entity that is authorized under this chapter may operate up to
five nonbanking game tables, with a maximum of 10 players at
each table, at any one time on the premises of the licensed
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entity.
§ 1112. Regulatory authority.
The board shall have the power and its duties shall be to:
(1) Establish standards and procedures for nonbanking
games and nonbanking game devices or associated equipment.
The standards and procedures shall provide for any new
nonbanking game or nonbanking game table and any variation or
composite of an approved nonbanking game or nonbanking game
table, if the board determines that the new nonbanking game,
nonbanking game table or variation or composite is suitable
for use after a test or experimental period under the terms
and conditions as the board deems appropriate.
(2) Establish standards and rules to govern the conduct
of nonbanking games and the system of wagering associated
with nonbanking games.
(3) Establish the methods for the following, following
consultation with the department:
(i) Calculating gross nonbanking game revenue and
standards for the daily counting and recording of cash
and cash equivalents received in the conduct of
nonbanking games, including the conduct of nonbanking
games on electronic gaming tables and fully automated
electronic gaming tables.
(ii) Ensuring that internal controls are followed,
including observation by employees of the board of the
counting and recording process described in subparagraph
(i), the maintenance of financial books and records and
the conduct of audits.
(4) Establish notice requirements pertaining to minimum
and maximum wagers on nonbanking games. Minimum and maximum
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wagers may be adjusted by the certificate holder in the
normal course of conducting nonbanking games, except that
changes in minimum wagers at a nonbanking game table shall
not apply to players already engaged in wagering at the
nonbanking game table when the minimum wager is changed,
unless 30 minutes' notice is provided at the nonbanking game
table.
(5) Require each certificate holder to:
(i) Provide written information at each operational
nonbanking game table about nonbanking game rules,
payoffs or winning wagers and other information as the
board may require.
(ii) Provide specifications approved by the board to
integrate and update the licensed facility's surveillance
system to cover all areas where nonbanking 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 nonbanking 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 chapter or the board
to oversee the surveillance of the conduct of nonbanking
games.
(v) Integrate the licensed facility's count room for
nonbanking game operations to ensure maximum security of
the counting and storage of cash and cash equivalents.
(vi) Equip each operational nonbanking game table
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with a sign indicating the permissible minimum and
maximum wagers at the nonbanking game table.
(vii) Adopt policies or procedures to prohibit
nonbanking game devices or associated equipment from
being possessed, maintained or exhibited by a person on
the premises of a licensed facility, except in:
(A) the areas of a licensed facility where the
conduct of nonbanking games is authorized;
(B) a restricted area designated to be used for
the inspection, service, repair or storage of
nonbanking game devices or associated equipment by
the certificate holder; or
(C) 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 nonbanking game 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 nonbanking 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 nonbanking game devices and associated
equipment as may be approved by the board.
(6) Establish the size and uniform color by denomination
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of all chips used in the conduct of nonbanking games,
including tournaments, and a policy for the use of
promotional or commemorative chips used in the conduct of
nonbanking games. All types of chips shall be approved by the
board prior to being used for play at a nonbanking game at a
licensed facility.
(7) Establish the procedure to be used by a certificate
holder to determine and extract a rake for the purpose of
generating gross nonbanking game revenue from nonbanking
games. The rake may be calculated using a percentage or a
flat fee methodology.
(8) Establish minimum standards related to the
acceptance of tips or gratuities by dealers and croupiers at
a nonbanking game, which shall include 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
related to acceptance of tips and gratuities, provided that
the policy meets the minimum standards established by the
board under this paragraph.
(9) Establish the minimal proficiency requirements for
individuals to successfully complete a course of training at
a gaming school. The requirements:
(i) Shall not prohibit a certificate holder from:
(A) Establishing a course of training for its
employees or potential employees.
(B) Offering employment to an individual who has
not attended or completed a course of instruction at
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a gaming school.
(ii) Shall require a certificate holder that elects
to train its gaming employees or potential nonbanking
game employees to submit a detailed summary of the
training program to the board and demonstrate the
adequacy of the training.
(iii) Shall prohibit a certificate holder from
charging its employees or potential employees a fee to
complete a course of training.
(10) Establish the practices and procedures governing
the conduct of tournaments under this chapter.
(11) Establish minimum standards related to the
extension of credit to a player by a certificate holder.
Prior to extending credit, the certificate holder shall
consider the player's financial fitness, including annual
income, debt-to-income ratio, prior credit history, average
monthly bank balance or level of play.
(12) Establish mandatory age-verification training and
procedures for certificate holders and their employees to
ensure that persons under 21 years of age do not play or
participate in nonbanking games.
(13) Review and approve all cash and cash equivalent
handling policies and procedures employed by certificate
holders.
(14) Deny, deny the renewal of, revoke, condition or
suspend a certificate provided for in this chapter if the
board finds, in its sole discretion, that both of the
following apply:
(i) A certificate holder under this chapter or the
officers or employees of the certificate holder have:
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(A) furnished false or misleading information to
the board; or
(B) failed to comply with the provisions of this
chapter or the rules and regulations of the board.
(ii) It would be in the public interest to deny,
deny the renewal of, revoke, condition or suspend the
certificate.
(15) Restrict access to confidential information in the
possession of the board which has been obtained under this
chapter and ensure that the confidentiality of information is
maintained and protected. Records shall be retained by the
board for seven years.
(16) Prescribe and require periodic financial reporting
and internal control requirements for all certificate
holders.
(17) Prescribe the procedures to be followed by
certificate holders for any financial event that occurs in
the operation and play of nonbanking games.
(18) Consult with members of the Pennsylvania State
Police, the Office of Attorney General, the department and
other persons that the board deems necessary for advice
regarding the various aspects of the powers and duties
imposed on the board under this chapter and its jurisdiction
over the authorization, operation and play of nonbanking
games and licensed facilities.
(19) Establish mandatory problem gambling training to be
completed by all employees of certificate holders under this
chapter.
(20) Ensure that nonbanking games are conducted in areas
that are properly segregated from minors.
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(21) Adopt or promulgate rules or regulations necessary
for the implementation, administration and enforcement of
this chapter.
§ 1113. Local option.
(a) Election to be held.--In a municipality, an election may
be held on the date of the primary election immediately
preceding a municipal election, but not more than once in four
years, to determine the will of the electors with respect to the
issuance of nonbanking game certificates within the limits of
the municipality under the provisions of this chapter. The
following apply:
(1) If an election is held at the primary election
preceding a municipal election in a given year, another
election may be held under the provisions of this chapter at
the primary election occurring the fourth year after the
prior election.
(2) A county board of elections shall cause a question
to be placed on the ballot or on the voting machine board and
submitted at the primary election immediately preceding the
municipal election if:
(i) electors equal to at least 25% of the highest
vote cast for an office in the municipality at the last
preceding general election file a petition with the
county board of elections of the county; or
(ii) the governing body of the municipality adopts,
by a majority vote, a resolution to place the question on
the ballot and a copy of the resolution is filed with the
board of elections of the county for a referendum on the
question of issuing certificates.
(3) The question under paragraph (2) shall be in the
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following form:
Do you favor the issuance of certificates
to conduct nonbanking games in the
of ?
(b) Vote.--
(1) If a majority of the electors voting on the question
under subsection (a) vote "yes," the licensing authority
shall issue certificates in the municipality.
(2) If a majority of the electors voting on the question
under subsection (a) vote "no," the licensing authority shall
have no power to issue or to renew, upon their expiration,
any certificates in the municipality, unless at a later
election a majority of the voting electors vote "yes" on the
question.
(c) Voting proceedings.--Proceedings under this section
shall be in accordance with the provisions of the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code.
(d) Withdrawal of approval.--The referendum procedure
contained in this section shall also be available to withdraw
the approval of the issuance of certificates within the
municipality which was granted through a prior referendum.
(e) Applicability.--This chapter applies only to those
licensed entities located in municipalities which have adopted
the provisions of this chapter by an affirmative vote in a
municipal referendum in accordance with the provisions of this
section.
SUBCHAPTER C
AUTHORIZATION
Sec.
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1121. Petitions.
1122. Standard for review of petitions.
1123. Nonbanking game operation certificate.
1124. Approval or denial of petitions.
§ 1121. Petitions.
(a) Petition required.--A licensee may seek approval to
conduct nonbanking games by filing a petition with the board.
(b) Petition contents.--A petition seeking authorization to
conduct nonbanking games shall include the following:
(1) The name, business address and contact information
of the petitioner.
(2) The name and business address, title and a
photograph of each principal and key employee of the
petitioner who will be involved in the conduct of nonbanking
games and who is not currently licensed by the board, if
known, as well as additional financial information required
by the board.
(3) An itemized list of the number of nonbanking game
tables and types of nonbanking 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 nonbanking games are authorized or how proceeds
from nonbanking games will be used to positively benefit
public interest purposes.
(5) The details of any financing obtained or that will
be obtained to fund an expansion or modification of the
licensed facility to accommodate nonbanking games and to
otherwise fund the cost of commencing nonbanking games.
(6) Information and documentation, as the board may
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require, concerning financial background and resources to
establish by clear and convincing evidence the financial
stability, integrity and responsibility of the petitioner.
(7) 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 nonbanking game
operation.
(8) Detailed site plans identifying the petitioner's
proposed nonbanking game area within the licensed facility.
(9) The consent to conduct a background investigation by
the board, the scope of which investigation shall be
determined by the bureau in its discretion consistent with
the provisions of this chapter, and a release signed by all
persons subject to the investigation of all information
required to complete the investigation.
(10) Any other information determined to be appropriate
by the board.
(c) Character requirements.--A petition for a certificate
under this section shall contain information, documentation and
assurances, as the board may require, to establish, by clear and
convincing evidence, the petitioner's suitability, including
good character, honesty and integrity, including, without
limitation, information pertaining to family habits, character,
reputation, criminal history background, business activities,
financial affairs and businesses and professional and personal
associates, covering at least the 10-year period immediately
preceding the filing date of the petition.
(d) Civil judgments.--A petitioner shall notify the board of
any civil judgment obtained against the petitioner pertaining to
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Federal or State law or the law of another state, jurisdiction,
province or country.
(e) Confidentiality.--Information submitted to the board
under subsection (b)(5), (6), (8), (9) and (10) may be
considered confidential by the board if the information would be
confidential under 4 Pa.C.S. § 1206(f) (relating to board
minutes and records).
(f) Revocable privilege.--The issuance or renewal of a
certificate or other authorization under this section shall be a
revocable privilege.
(g) Criminal history record check.--The board may conduct a
criminal history record check on a person for whom a petition is
granted under this section.
§ 1122. S tandard for review of petitions.
(a) Review.--The board shall award a petition under section
1121 (relating to petitions) if the petitioner establishes, by
clear and convincing evidence, all of the following:
(1) The petitioner's license is in good standing with
the licensing authority.
(2) The conduct of nonbanking games at the petitioner's
licensed facility will have a positive economic impact on the
Commonwealth and the municipalities and residents of this
Commonwealth through increased revenues, employment
opportunities and public service initiatives.
(3) The petitioner possesses adequate money or has
secured adequate financing to:
(i) Fund any necessary expansion or modification of
the petitioner's licensed facility to accommodate the
conduct of nonbanking games.
(ii) Pay the authorization fee in accordance with
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section 1151 (relating to authorization fee and renewal
fee).
(iii) Commence nonbanking game operations at the
petitioner's licensed facility.
(4) The petitioner has the financial stability,
integrity and responsibility to conduct nonbanking games.
(5) The petitioner has sufficient business ability and
experience to create and maintain a successful nonbanking
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 nonbanking games are adequate.
(b) A pproval.--Upon being satisfied that the requirements of
subsection (a) have been met, the board may approve the petition
and issue the petitioner a nonbanking game operation certificate
upon payment of any fee required under section 1151, consistent
with all of the following:
(1) The certificate shall be valid for a period of five
years. Nothing in this paragraph shall be construed to
relieve a certificate holder of the affirmative duty to
notify the board of any changes related to the status of the
certificate or any information contained in the petition
materials on file with the board.
(2) The certificate shall be nontransferable.
(3) Any other condition established by the board.
(c) Renewal.--
(1) At least six months prior to expiration of a
certificate, the certificate holder seeking renewal of the
certificate shall submit a renewal application to the board.
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(2) If the renewal application satisfies the
requirements of subsection (a), the board may renew the
certificate holder's certificate upon the payment of any
renewal fee required under section 1151.
(3) If the board receives a complete renewal application
but fails to act upon the renewal application prior to the
expiration of the certificate, the certificate shall continue
in effect until acted upon by the board.
§ 1123. Nonbanking game operation certificate.
(a) When certificate in effect.-- A nonbanking game operation
certificate shall be in effect unless:
(1) The certificate is su spended or revoked by the board
consistent with the requirements of this chapter.
(2) The license held by the certificate holder is
suspended, revoked or not renewed by the licensing authority
consistent with the requirements of this chapter.
(3) The certificate holder relinquishes or does not seek
renewal of the certificate or license.
(4) A majority of voters vote to withdraw the
authorization of nonbanking game operations within the
voters' municipality, consistent with the requirements of
section 1113 (relating to local option).
(b) Types of nonbanking games and game tables.--
(1) A nonbanking game operation certificate shall
include an itemized list by type of nonbanking games and the
number of nonbanking game tables approved by the board and
permitted in the certificate holder's licensed facility.
(2) Upon notice to the board and approval by a
designated employee of the board, a certificate holder may:
(i) Increase or decrease the number of nonbanking
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game tables permitted in the certificate holder's
licensed facility.
(ii) Change the type of nonbanking games played at a
particular nonbanking game table in the certificate
holder's licensed facility.
(iii) Change the configuration of nonbanking game
tables in the certificate holder's licensed facility.
(3) Unless approved by the board, the total number of
nonbanking game tables in operation at a licensed facility
may not exceed the number authorized in the nonbanking game
operation certificate.
(c) Update of information.-- A certificate holder shall
update the information in the petition under section 1121
(relating to petitions) at times prescribed by the board.
§ 1124. Approval or denial of petitions .
The board shall approve or deny a petition under section 1121
(relating to petitions) within 90 days following receipt of the
petition.
SUBCHAPTER D
OPERATIONS
Sec.
1131. Authorized locations for operations.
1132. Commencement of operations.
1133. Tournaments.
1134. Training of employees and potential employees.
1135. Compulsive and problem gambling assistance.
1136. Books, records and documents.
1137. Accounting controls and audit protocols.
1138. Cash equivalents.
1139. Separate license or permit not required.
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1140. Investigation and enforcement.
1141. Responsibility and authority of department.
1142. Testing and certification standards.
§ 1131. Authorized locations for operations.
A certificate holder shall only be permitted to operate
nonbanking games on the licensed premises of the certificate
holder.
§ 1132. C ommencement of operations.
(a) Conditions.--A certificate holder may not operate or
offer nonbanking games for play at a licensed facility until the
board determines that all of the following conditions have been
satisfied:
(1) T he certificate holder is in compliance with the
requirements of this chapter.
(2) The certificate holder's internal controls and audit
protocols are sufficient to meet the requirements of section
1137 (relating to accounting controls and audit protocols).
(3) The certificate holder's nonbanking game employees
are licensed, permitted or otherwise authorized by the board
to perform their respective duties, as applicable.
(4) The certificate holder is prepared in all respects
to offer nonbanking game-play to the public at the licensed
facility of the certificate holder.
(5) The certificate holder has implemented necessary
internal and management controls and security arrangements
and surveillance systems for the conduct of nonbanking games.
(6) The certificate holder is in compliance with or has
complied with section 1151 (relating to authorization fee and
renewal fee).
(b) Limitations.-- A certificate holder may offer nonbanking
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games for play within the licensed premises of the certificate
holder, subject to the following:
(1) No more than five nonbanking game tables may be
placed on the gaming floor of the certificate holder.
(2) A gaming floor may not be located in an area that is
not properly segregated from minors.
(3) A gaming floor shall, at all times, be secure and
visible by employees of the certificate holder.
(4) A gaming floor shall, at all times, be monitored by
a trained employee of the certificate holder, either directly
or through live monitoring of video surveillance. The
employee monitor must be at least 21 years of age.
(5) A minor may not be permitted to play a nonbanking
game or enter a gaming floor.
(6) A visibly intoxicated individual may not be
permitted to play a nonbanking game.
§ 1133. Tournaments.
(a) Authorization.--A certificate holder may conduct
tournaments at the licensed facility of the certificate holder.
(b) Submittal of schedule.--The following apply to a
proposed schedule of tournaments to be conducted at the licensed
facility of a certificate holder:
(1) The certificate holder that elects to conduct
tournaments shall submit the proposed schedule to the
executive director of the board, or a designee of the
executive director of the board, for approval.
(2) The proposed schedule may be a weekly, monthly or
annual schedule and shall include information identifying all
of the following:
(i) The type of each nonbanking game to be played at
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each tournament.
(ii) The proposed date and time of each tournament.
(iii) The proposed entry fee and any other fees
associated with the tournament.
(iv) The maximum number of participants in the
tournament.
(v) Any other information as the board may require.
(3) Submission of the proposed schedule shall not
require the certificate holder to conduct all tournaments
contained in the proposed schedule.
(4) The certificate holder may not conduct a tournament
at a date or time not contained in the proposed schedule.
(5) The certificate holder may seek to amend or modify
the proposed schedule at any time by filing a written request
with the executive director of the board or a designee of the
executive director of the board.
(c) Exemptions and additional tables.--The executive
director of the board may authorize a licensed facility to
operate up to 10 additional nonbanking game tables for use in
tournaments. The following apply:
(1) The additional nonbanking game tables:
(i) Shall be exempt from section 1111 (relating to
authorization to conduct nonbanking games).
(ii) Shall not be used in calculating the total
number of nonbanking game tables authorized in the
nonbanking game authorization certificate.
(2) The executive director of the board may grant the
use of additional nonbanking game tables on the dates and
times listed in the proposed schedule in accordance with
subsection (b).
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(d) Seating.--A nonbanking game table used in tournament
play shall seat a maximum of ten players.
§ 1134. T raining of employees and potential employees.
(a) Authorization.--Notwithstanding any other provision of
this chapter, the executive director of the board may authorize
a certificate holder to conduct nonbanking game training and
instruction for the employees and potential employees of the
certificate holder.
(b) Adequacy.--A certificate holder that elects to offer
nonbanking game training to the employees or potential employees
of the certificate holder shall submit to the board a detailed
summary of the training program demonstrating the adequacy of
the training.
(c) Effect.--Authorization granted under this section shall
do all of the following:
(1) Permit a certificate holder to conduct training at a
location within the licensed facility of the certificate
holder or at another location.
(2) Require any training authorized on a 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 nonbanking game
devices and associated equipment used for training.
(4) Limit the number of nonbanking game devices and
associated equipment to that necessary to conduct the
training.
(5) Prohibit the payment of cash, a cash equivalent or
another prize to an individual as a result of play conducted
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during training or play conducted utilizing nonbanking game
devices or associated equipment obtained in accordance with
subsection (f).
(6) Prohibit a certificate holder from charging the
employees or potential employees of the certificate holder a
fee to participate in the training.
(d) Rescission or revocation.--The board, through the
executive director of the board or otherwise, may rescind or
revoke an authorization under this section without cause. The
certificate holder shall be given notice that the authorization
has been rescinded or revoked and shall be afforded a reasonable
time to take all necessary actions required by the board or
executive director of the board.
(e) Fees prohibited.--The board may not charge a fee as a
condition of receiving authorization under this section.
(f) Training equipment.--
(1) For a one-year period following the effective date
of this paragraph, a certificate holder may purchase, lease
or otherwise obtain nonbanking game devices or associated
equipment that will be used for the sole purpose of
conducting training authorized under this section from a
manufacturer or supplier, whether or not licensed or
otherwise approved by the board under 4 Pa.C.S. (relating to
amusements) or from an affiliate of the certificate holder or
a gaming facility in another jurisdiction.
(2) Nonbanking game devices or associated equipment
obtained by a certificate holder in accordance with paragraph
(1) shall:
(i) Have an identification number, which shall be
kept on file with the board.
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(ii) Be clearly identified as being used for
training purposes only.
(3) N onbanking game devices and associated equipment
obtained in accordance with this subsection may not be used
on the gaming floor unless being used for training purposes
in accordance with subsection (c)(2).
(4) The payment of cash, a cash equivalent or another
prize to an individual from the play of a nonbanking game or
nonbanking game device or associated equipment obtained in
accordance with this subsection is prohibited.
§ 1135. Compulsive and problem gambling assistance.
(a) Handouts and other materials.--
(1) The board, in consultation with the Department of
Drug and Alcohol Programs, shall develop a Statewide handout,
in addition to any other materials deemed appropriate by the
board, regarding assistance for compulsive and problem
gambling.
(2) A certificate holder shall conspicuously display,
within the gaming floor of the certificate holder's licensed
facility at which nonbanking games are conducted, the
handouts and other materials described in paragraph (1),
which shall also be made available upon request.
(b) Signs.--
(1) Subject to paragraphs (1) and (2), a certificate
holder shall conspicuously post signs containing a statement
in substantially the following form:
If you or someone you know has a gambling problem,
help is available. Call (Toll-free telephone number)
or Text (Toll-free telephone number).
(2) At least one sign described in paragraph (1) shall
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be posted within the gaming floor of the certificate holder's
licensed facility at which nonbanking games are conducted.
(3) The toll-free telephone number required to be posted
under paragraph (1) shall be the same number maintained by
the Department of Drug and Alcohol Programs.
(c) Mandatory training program.--
(1) The board's Office of Compulsive and Problem
Gambling, in consultation with the Department of Drug and
Alcohol Programs, shall develop a mandatory training program
for employees and management of a certificate holder to
address responsible gaming and other compulsive and problem
gambling issues related to nonbanking games.
(2) The board shall establish a fee to cover the costs
of the mandatory training program under paragraph (1).
(d) Penalty.--If a certificate holder fails to comply with
the requirements of this section, the certificate holder shall
be subject to:
(1) An administrative penalty assessed by the board in
an amount established by the board.
(2) The suspension of the certificate holder's
nonbanking game operation certificate, depending on the
severity and length of noncompliance.
§ 1136. Books, records and documents.
As a condition of continued operation, a certificate holder
shall agree to maintain all books, records and documents related
to the operation of the nonbanking games of the certificate
holder in a manner and location within this Commonwealth as
approved by the board. The books, records and documents shall
be:
(1) S egregated by separate accounts within the books,
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records and documents of the certificate holder.
(2) Immediately available for inspection upon request of
the board, bureau, department, Pennsylvania State Police or
the Office of Attorney General, or any authorized agent
thereof, during all hours of operation of the licensed
facility in accordance with regulations promulgated by the
board.
(3) Maintained for a period as the board requires by
regulation.
§ 1137. A ccounting controls and audit protocols.
(a) Approval required.--Prior to the commencement of
nonbanking 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
nonbanking game operations.
(b) Minimum requirements.--The internal controls and audit
protocols of a certificate holder shall:
(1) S afeguard the assets and revenues of the certificate
holder, including the recording of cash, cash equivalents and
evidences of indebtedness related to nonbanking games.
(2) Provide for reliable records, accounts and reports
of any financial event that occurs in the conduct of
nonbanking games, including reports to the board related to
nonbanking games.
(3) Provide for accurate and reliable financial records
related to nonbanking games.
(4) Establish procedures for all of the following:
(i) T he receipt, storage and disbursal of chips,
cash and cash equivalents used in nonbanking games.
(ii) The conversion of cash equivalents to cash.
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(iii) The redemption of chips and other
representations of value used in nonbanking games and the
payment of winnings and prizes.
(iv) The recording of financial transactions
pertaining to nonbanking games.
(5) Establish procedures for the collection and security
of cash and cash equivalents at the nonbanking game tables.
(6) Establish procedures for the recording of and
transfer of chips and cash equivalents between the nonbanking
game tables and the cashier's cage.
(7) Establish procedures for the transfer of drop boxes
from the nonbanking game tables to the count room.
(8) Establish procedures and security for the counting
and recording of gross nonbanking game revenue.
(9) Establish procedures for the security, storage and
recording of cash and cash equivalents utilized in nonbanking
games.
(10) Establish procedures and security standards for the
handling and storage of nonbanking game devices and
associated equipment used in connection with nonbanking
games.
(11) Establish procedures and rules governing the
conduct of each nonbanking game and the responsibility of
employees related to nonbanking games.
(12) Establish procedures for the collection and
recording of revenue from 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
nonbanking game is implemented only in accordance with the
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certificate holder's general or specific authorization, as
approved by the board.
(14) Ensure the proper and timely accounting of gross
nonbanking game revenue and the calculation of gross
nonbanking game revenue, fees, taxes and assessments based on
the gross nonbanking 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 nonbanking game operations are
appropriately segregated and performed in accordance with
sound financial practices by qualified employees.
(17) Permit use of the licensed facility by the board,
bureau and other persons authorized under this chapter or by
the board to facilitate the ability to perform regulatory and
oversight functions under this chapter.
(c) System of internal controls .--The submittal required
under subsection (a) shall include a detailed description of the
certificate holder's administrative and accounting procedures
related to nonbanking games, including a written system of
internal controls that includes:
(1) An organizational chart depicting appropriate
functions and responsibilities of employees involved in
nonbanking 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.
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(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 1138 (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 nonbanking games, the board shall review the system of
internal controls submitted under subsection (c) to determine
whether the system:
(1) Conforms to the requirements of this chapter.
(2) Provides adequate and effective controls for the
conduct of nonbanking games.
§ 1138. C ash equivalents.
(a) Checks.--
(1) A certificate holder may accept a check from a
patron in exchange for cash or chips. The following apply:
(i) Within 10 days of receipt of the check, the
certificate holder shall present the check for payment to
the financial institution upon which the check is drawn.
(ii) A third-party check shall not be permitted.
(2) Notwithstanding any other provision of law:
(i) A check that is cashed in conformity with the
requirements of this section or 13 Pa.C.S. Div. 3
(relating to negotiable instruments) shall be a valid
instrument, enforceable at law in the courts of this
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Commonwealth.
(ii) A check that is 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 nonbanking game revenue.
(b) Notice of fees.--All fees charged for the conversion of
cash equivalents shall be disclosed.
(c) Payment of cash equivalents.--
(1) Other than credit extended by a certificate holder,
an instrument that constitutes a cash equivalent shall be
made payable to the certificate holder, to the bearer or to
cash.
(2) An instrument made payable to a third party shall
not be considered a cash equivalent and shall be prohibited.
§ 1139. Separate license or permit not required.
Nothing in this chapter shall be construed to require any
individual who holds a principal license, a key employee license
or gaming employee license under 4 Pa.C.S. Ch. 13 (relating to
licensees) to obtain a separate license or permit to be employed
in a certificate holder's nonbanking game operation authorized
under this chapter.
§ 1140. Investigation and enforcement.
(a) Board.--The board may, following notice and hearing,
impose penalties or suspend or revoke a license or certificate
under this chapter.
(b) Bureau.--The bureau shall:
(1) Enforce the provisions of this chapter.
(2) Investigate licensed entities and certificate
holders for noncriminal violations of this chapter, including
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potential violations referred to the bureau by the board or
another person.
(3) Monitor gaming operations to ensure all of the
following:
(i) Compliance with this chapter, 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 certificate holder.
(4) Conduct reviews of a certificate holder as necessary
to ensure compliance with this chapter. A review may include
the review of accounting, administrative and financial
records, procedures and other records utilized by a licensed
entity.
(5) Refer possible criminal violations to the
Pennsylvania State Police. The bureau shall not have the
power of arrest.
(6) Cooperate in the investigation and prosecution of
criminal violations related to this chapter.
(7) Act as a criminal justice agency, as defined in 18
Pa.C.S. § 9102 (relating to definitions), in accordance with
18 Pa.C.S. Ch. 91 (relating to criminal history record
information).
(c) Department.--
(1) Notwithstanding any other provision of law, the
department may report violations of this chapter to the
board.
(2) T he department shall at all times have the power of
access to examine and audit equipment and records related to
all aspects of the operation of nonbanking games under this
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chapter.
(3) 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,
bureau, Pennsylvania State Police and the Office of Attorney
General with information concerning the status of delinquent
taxes owned by a licensed entity or certificate holder.
(d) Pennsylvania State Police.--
(1) The Pennsylvania State Police shall:
(i) Initiate proceedings for criminal violations of
this chapter.
(ii) P romptly conduct background investigations on
persons as directed by the board under this chapter. The
Pennsylvania State Police may contract with other law
enforcement annuitants to assist in the conduct of
investigations under this paragraph.
(iii) Provide the board with information necessary
for actions under this chapter for proceedings involving
criminal enforcement of this chapter or 18 Pa.C.S.
(relating to crimes and offenses).
(iv) Inspect, when appropriate, a certificate
holder's person and personal effects present in a
licensed facility while the certificate holder is present
at the licensed facility.
(v) Enforce the criminal provisions of this chapter
and all other criminal laws of the Commonwealth within a
licensed facility.
(vi) Fingerprint petitioners.
(vii) Exchange fingerprint data with and receive
national criminal history record information from the
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Federal Bureau of Investigation for use in background
investigations performed by the bureau under this
chapter.
(viii) Receive and take appropriate action on a
referral from the board related to criminal conduct.
(ix) Conduct audits or verifications of information
of nonbanking game operations at the times, under the
circumstances and to the extent as the bureau determines.
This paragraph includes reviews of accounting,
administrative and financial records, procedures and
records utilized by a certificate holder.
(2) A member of the Pennsylvania State Police assigned
to duties of enforcement under this chapter shall not be
counted toward the complement as described in section 205(b)
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(3) By March 1 of each year, the Commissioner of
Pennsylvania State Police shall submit a report summarizing
all law enforcement activities at each licensed facility
during the previous calendar year. The following apply:
(i) Each report shall include all of the following:
(A) 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.
(B) A list of specific offenses charged for each
arrest made or citation issued.
(C) The number of criminal prosecutions
resulting from arrests made or citations issued.
(D) The number of convictions resulting from
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prosecutions reported under clause (C).
(E) The number of Pennsylvania State Police
troopers assigned to each licensed facility and to
the gaming unit at the Pennsylvania State Police
headquarters.
(F) 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.
(G) The closest local police station,
Pennsylvania State Police station and regional
Pennsylvania State Police headquarters to each
licensed facility.
(ii) Each report shall be submitted to:
(A) The Appropriations Committee of the Senate.
(B) The Appropriations Committee of the House of
Representatives.
(C) The Community, Economic and Recreational
Development Committee of the Senate.
(D) The Gaming Oversight Committee of the House
of Representatives.
(e) Criminal action.--
(1) A district attorney may investigate and institute
criminal proceedings for a violation of this chapter.
(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 may investigate and, following consultation
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with the appropriate district attorney, institute criminal
proceedings for a violation of this chapter. A person charged
with a violation of this chapter 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.
(f) Regulatory action.--Nothing in subsection (c) 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 chapter.
(g) Inspection, seizure and warrants.--
(1) The bureau, department and Pennsylvania State Police
may, without notice and without warrant, do any of the
following in the performance of duties:
(i) Inspect and examine all premises where:
(A) Nonbanking game operations are conducted.
(B) Nonbanking game devices and associated
equipment are manufactured, sold, distributed or
serviced.
(C) Records of activities under clause (A) or
(B) 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 certificate holder's
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operations.
(v) Seize, impound or assume physical control of any
book, record, ledger, game, device, cash box, cash box
contents, count room, count room equipment, associated
equipment or nonbanking game operations.
(2) The provisions of paragraph (1) shall not be dee med
to limit warrantless inspections except in accordance with
constitutional requirements.
(3) To further effectuate the purposes of this chapter,
the bureau and Pennsylvania State Police may obtain
administrative warrants for the inspection and seizure of
property possessed, controlled, bailed or otherwise held by a
licensed entity or certificate holder.
(h) Information sharing and enforcement referral.--With
respect to the administration, supervision and enforcement of
this chapter, the bureau, department, Pennsylvania State Police
or 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 the information to each other electronically.
§ 1141. Responsibility and authority of department.
(a) Taxes and interest.-- The department is authorized to
administer and collect taxes imposed under this chapter and
interest imposed under section 806 of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, and promulgate and
enforce rules and regulations to carry out prescribed duties in
accordance with this chapter, including the collection of taxes,
penalties and interest imposed by this chapter.
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(b) Application of rules and regulations.--
(1) The department may prescribe the extent, if any, to
which any rules and regulations shall be applied without
retroactive effect.
(2) The department may prescribe the forms and the
system of accounting and recordkeeping to be employed.
(3) The department, through an authorized representative
of the department, shall at all times have power of access to
and examination and audit of equipment and records related to
all aspects of the operations under this chapter.
(c) Additional penalty.--A person that fails to timely remit
to the department or State Treasurer amounts required under this
chapter shall be liable, in addition to liability imposed
elsewhere in this chapter, for a penalty of 5% per month up to a
maximum of 25% of the amounts ultimately found to be due, to be
recovered by the department.
§ 1142. Testing and certification standards.
T he board shall provide for the testing and certification of
nonbanking games and associated equipment consistent with the
standards under 4 Pa.C.S. § 13A41 (relating to table game device
and associated equipment testing and certification standards).
SUBCHAPTER E
FEES AND TAXES
Sec.
1151. Authorization fee and renewal fee.
1152. Taxes.
§ 1151. Authorization fee and renewal fee.
(a) Amounts.--
(1) A licensed entity that submits a petition for a
nonbanking game operation certificate under section 1121
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(relating to petitions) shall pay a one-time nonrefundable
authorization fee of $2,000.
(2) The renewal fee for a nonbanking game operation
certificate shall be $1,000.
(b) Suspension of certificate.--The board shall suspend the
nonbanking game operation certificate if the certificate holder
fails to pay the total authorization fee or renewal fee prior to
the deadline determined by the board. The suspension shall
remain in effect until final payment is made.
(c) Deposit of fees.--All nonbanking game authorization fees
received by the board under this section shall be deposited into
the General Fund.
§ 1152. Taxes.
(a) Imposition.--Except as provided in subsection (c), e ach
certificate holder shall report to the department and pay from
the certificate holder's daily gross nonbanking game revenue, on
a form and in a manner prescribed by the department, a tax of
60% of the daily gross nonbanking game revenue.
(b) Deposits and distributions.--
(1) The tax imposed under subsection (a) shall be
payable to the department on a monthly basis and shall be
based upon gross nonbanking game revenue derived during the
previous month.
(2) All money owed to the Commonwealth under this
section shall be held in trust for the Commonwealth by the
certificate holder until the money is 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
the money is paid to the department under this section or
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paid into the State Gaming Fund under section 13A63(a)
(relating to local share assessment).
(3) The tax imposed under subsection (a) shall be
deposited into the General Fund.
(c) Exception.--Certificate holders who conduct nonbanking
games for the sole purpose of raising money for public interest
purposes shall be exempt from the tax imposed under subsection
(a).
SUBCHAPTER F
MISCELLANEOUS PROVISIONS
Sec.
1161. Rules and regulations.
§ 1161. Rules and regulations.
(a) Authorization.--The board may promulgate or adopt rules
and regulations as may be necessary and appropriate to carry out
the provisions of this chapter.
(b) Temporary regulations.--
(1) Notwithstanding any other provision of law, to
facilitate the prompt implementation of this chapter, the
board may issue temporary regulations. The following apply:
(i) The board shall issue the temporary regulations
within 180 days of the effective date of this
subparagraph. Regulations adopted after this 180-day
period shall be promulgated as provided by statute.
( ii) Notice of the temporary regulations shall be
transmitted to the Legislative Reference Bureau for
publication in the next available issue of the
Pennsylvania Bulletin.
(iii) The board shall post the temporary regulations
on its publicly accessible Internet website.
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(iv) The temporary regulations shall expire no later
than two years following publication of the temporary
regulations in the Pennsylvania Bulletin.
(2) The temporary regulations under paragraph (1) shall
be exempt from the following:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
( ii) 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.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(c) Contents.--Rules and regulations under this section
shall establish standards and procedures in accordance with this
chapter.
(d) Permanent regulations.--Prior to the expiration of the
temporary regulations, the board shall propose for approval
permanent regulations as provided by statute. The proposed
permanent regulations shall be:
(1) Consistent with subsection (c) and may be the same
as the temporary regulations.
(2) Promulgated as provided by statute.
Section 2. This act shall take effect in 60 days.
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