1202 - General and specific powers.

     § 1202.  General and specific powers.        (a)  General powers.--            (1)  The board shall have general and sole regulatory        authority over the conduct of gaming or related activities as        described in this part. The board shall ensure the integrity        of the acquisition and operation of slot machines, table        games, table game devices and associated equipment and shall        have sole regulatory authority over every aspect of the        authorization, operation and play of slot machines and table        games.            (2)  The board shall employ individuals as necessary to        carry out the powers and duties of the board, who shall serve        at the board's pleasure. An employee of the board shall be        considered a State employee for purposes of 71 Pa.C.S. Pt.        XXV (relating to retirement for State employees and        officers). For the purposes of this paragraph, the board        shall not be considered an executive or independent agency        under the act of October 15, 1980 (P.L.950, No.164), known as        the Commonwealth Attorneys Act. The board shall not take        final action to fill any vacancy in the position of executive        director of the board, director of the bureau, chief counsel        of the board or director of the Office of Enforcement Counsel        until receipt and review of the results of the individual's        background investigation under section 1517(c)(1.1) (relating        to investigations and enforcement).            (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, or to        designate officers or employees to perform these duties.            (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.            (12.1)  At its discretion, to award, revoke, suspend,        condition or deny a table game operation certificate to a        slot machine licensee in accordance with Chapter 13A        (relating to table games).            (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        goods, services or property related to slot machines, table        games, table game devices or associated equipment or through        any arrangements under which that person receives payment        based directly or indirectly on earnings, profits or receipts        from the slot machines, table games, table game devices and        associated equipment. The board may require any such person        to comply with the requirements of this part and the        regulations of the board and may prohibit the person from        furnishing the goods, 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 approve an application for or        issue or renew a license, certificate, registration or permit        unless it is satisfied that the applicant has demonstrated by        clear and convincing evidence that the applicant is a person        of good character, honesty and integrity and is a person        whose prior activities, criminal record, if any, reputation,        habits and associations do not pose a threat to the public        interest or the effective regulation and control of slot        machine or table game operations or create or enhance the        danger of unsuitable, unfair or illegal practices, methods        and activities in the conduct of slot machine or table game        operations or the carrying on of the business and financial        arrangements incidental thereto.            (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.            (27.1)  To publish each January in the Pennsylvania        Bulletin and on the Pennsylvania Gaming Control Board's        Internet website a complete list of all slot machine        licensees who filed a petition seeking authorization to        conduct table games and the status of each petition or table        game operation certificate.            (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.            (31)  To collect and post information on its Internet        website with sufficient detail to inform the public of each        person with a controlling interest or ownership interest in        an applicant for a slot machine license or a licensed gaming        entity, or affiliate, intermediary, subsidiary or holding        company of an applicant or licensed gaming entity. The        posting shall include:                (i)  If the applicant or licensed gaming entity, or            any affiliate, intermediary, subsidiary or holding            company of the applicant or licensed gaming entity, is a            publicly traded domestic or foreign corporation,            partnership, limited liability company or other legal            entity, the names of all persons with a controlling            interest.                (ii)  If the applicant or licensed gaming entity, or            any affiliate, intermediary, subsidiary or holding            company of the applicant or licensed gaming entity, is a            privately held domestic or foreign corporation,            partnership, limited liability company or other legal            entity, the names of all persons with an ownership            interest equal to or greater than 1%.                (iii)  The name of any person entitled to cast the            vote of a person named under subparagraph (i) or (ii).                (iv)  The names of all officers, directors and            principals of the applicant or licensed gaming entity.            (32)  To appoint a trustee as prescribed in section 1332        (relating to appointment of trustee).            (33)  To adopt regulations governing the postemployment        limitations and restrictions applicable to members and to        employees of the board subject to section 1201(h)(13)        (relating to Pennsylvania Gaming Control Board established).        In developing these regulations, the board may consult with        the State Ethics Commission, other governmental agencies and        the disciplinary board of the Supreme Court of Pennsylvania        regarding postemployment limitations and restrictions on        members and employees of the board who are members of the        Pennsylvania Bar.            (34)  To review detailed site plans identifying a        petitioner's proposed table game area within a licensed        facility to determine the adequacy of the proposed internal        and external security and proposed surveillance measures.     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.; Jan. 7, 2010, P.L.1,     No.1, eff. imd.)        2010 Amendment.  Act 1 amended subsecs. (a)(1) and (2) and     (b)(7), (20) and (23) and added subsec. (b)(12.1), (27.1), (31),     (32), (33) and (34). See section 20(2) of Act 1 in the appendix     to this title for special privisions relating to applicability.        Cross References.  Section 1202 is referred to in sections     1103, 1209, 1512, 1517 of this title.