(a) Required deposit.--Notwithstanding 4 Pa.C.S. Pt. II (relating to gaming) or any other provision of law to the contrary, any payment of a slot machine license fee under 4 Pa.C.S. § 1209 (relating to slot machine license fee) received by the Pennsylvania Gaming Control Board after June 30, 2014, shall be deposited in and credited to the General Fund.
(b) Deadlines for fees.--The following shall apply:
(1) Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, for any slot machine license issued in the 2016-2017 fiscal year the board shall require the slot machine license fee under subsection (a) and the fee under 4 Pa.C.S. § 13A61 (relating to table game authorization fee) to be paid in full no later than June 30, 2017.
(2) Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, for any slot machine license issued in the 2017-2018 fiscal year, the board shall require the slot machine license fee under subsection (a) and the fee under 4 Pa.C.S. § 13A61 to be paid in full no later than June 30, 2018.
(c) Category 4 slot machine license auctions.--Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, the following shall apply:
(1) Beginning no later than September 4, 2019, and concluding by December 31, 2019, the board shall conduct up to five auctions for the remaining available Category 4 slot machine licenses, subject to the limitations under paragraphs (2) and (2.1).
(2) In conducting the auctions, the following shall apply:
(i) The board shall conduct auctions according to the procedures under 4 Pa.C.S. § 1305.2(c) (relating to conduct of auctions).
(ii) The board shall set the date, time and location of the auctions at least two weeks prior to the first auction and make auction information available on the board's publicly accessible Internet website.
(iii) Additional auctions shall take place until either no remaining Category 4 slot machine licenses remain or until an auction fails to generate a bid.
(iv) If an auction fails to generate a bid, no further auctions shall be conducted.
(v) Eligible bidders shall only be slot machine licensees as defined under 4 Pa.C.S. § 1103 (relating to definitions) which satisfy the following:
(A) the slot machine licensee's license and table games operation certificate are in good standing with the board; and
(B) the slot machine licensee agrees to locate a Category 4 licensed facility as provided under 4 Pa.C.S. § 1305.1(b)(1), (3), (4), (5), (6) and (7) (relating to Category 4 slot machine license).
(2.1) A winning bidder's Category 4 location may not be located within 40 linear miles of a licensed facility or another Category 4 location, as those terms are defined under 4 Pa.C.S. § 1103.
(3) Upon conclusion of the auctions under this subsection, the board may not conduct an additional auction of Category 4 licenses, including an auction authorized under 4 Pa.C.S. § 1305.2(b.1).
(4) Each Category 4 slot machine license fee under 4 Pa.C.S. § 1305.1(e) and authorization fee under 4 Pa.C.S. § 1305.1(d)(3)(ii) shall be deposited in accordance with 4 Pa.C.S. § 1305.2(d).
(5) The provisions of 4 Pa.C.S. § 1305.1(a), (b)(1), (3), (4), (5), (6) and (7), (c), (d), (e), (f) and (g) shall apply to this subsection.
(c.1) Sports wagering certificate holders.--The following apply:
(1) In addition to the locations provided under 4 Pa.C.S. §§ 13C11 (relating to authorization to conduct sports wagering) and 13C21 (relating to authorized locations for operation), a Category 1, Category 2 or Category 3 slot machine licensee that holds a sports wagering certificate and is an affiliate of a Category 4 slot machine licensee may conduct sports wagering at a Category 4 licensed facility under the Category 1, Category 2 or Category 3 slot machine licensee's sports wagering certificate.
(2) For purposes of this subsection, the term “affiliate” shall have the same meaning as under 4 Pa.C.S. § 1103.
(d) Category 1 slot machine license.--The board may not award a Category 1 slot machine license which has not been awarded as of the effective date of this subsection.1
(e) Category 4 slot machine license auction.--Notwithstanding 4 Pa.C.S. Pt. II or any other provision of law to the contrary, the following shall apply:
(1) Within 90 days of the effective date of this subsection,2 the board shall conduct an auction pursuant to 4 Pa.C.S. § 1305.2(c)(12) of any Category 4 slot machine license for which the board has denied the application filed by the winning bidder of an initial auction, subject to the limitations under paragraphs (2), (3) and (4).
(2) In conducting the auction under this subsection, the following shall apply:
(i) The board shall conduct the auction according to the procedures under 4 Pa.C.S. § 1305.2(c).
(ii) The board shall set the date, time and location of the auction at least two weeks prior to the auction and make auction information available on the board's publicly accessible Internet website.
(iii) If the auction fails to generate a bid, further auctions may not be conducted.
(iv) Eligible bidders must be one of the following:
(A) A slot machine licensee as defined under 4 Pa.C.S. § 1103 that satisfies the following:
(I) the slot machine licensee's license and table games operation certificate are in good standing with the board; and
(II) the slot machine licensee agrees to locate a Category 4 licensed facility as provided under 4 Pa.C.S. § 1305.1(b)(1), (3), (4), (5), (6) and (7).
(B) A person with an ownership interest in a slot machine licensee as defined under 4 Pa.C.S. § 1103 that satisfies the following:
(I) the person holds a license in good standing issued by the board;
(II) the person satisfies the requirements of 4 Pa.C.S. Part II and any criteria established by the board for licensure, including, but not limited to, financial and character suitability requirements, and has been approved by the board; and
(III) the person agrees to locate a Category 4 licensed facility as provided under 4 Pa.C.S. § 1305.1(b)(1), (3), (4), (5), (6) and (7).
(3) A winning bidder's Category 4 location may not be located within 40 linear miles of a licensed facility, as defined under 4 Pa.C.S. § 1103, or a proposed Category 4 licensed facility.
(4) A winning bidder that is not an existing slot machine licensee shall follow the procedures set forth under 4 Pa.C.S. § 1305.1(d)(3)(iii) by filing a petition with the board to operate slot machines and paying the authorization fee per authorized slot machine.
(e.1) County redevelopment authorities.--The following apply:
(1) In addition to municipalities that are eligible to receive grant funding under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I) (relating to establishment of State Gaming Fund and net slot machine revenue distribution), a county redevelopment authority within a home rule county of the third class shall:
(i) be eligible to receive grant funding; and
(ii) upon notification to the Department of Community and Economic Development of the issuance of debt, receive the sum of $3,000,000 annually for a period of 25 years for the purpose of funding debt service related to the construction, maintenance and upgrades of public infrastructure projects located within the county.
(2) Projects funded from the proceeds of a debt issuance by a county redevelopment authority under paragraph (1)(ii) shall be:
(i) made through an application to the county redevelopment authority; and
(ii) subject to the approval of the Commonwealth Financing Authority.
(3) After the issuance of debt by the county redevelopment authority, payments made under paragraph (1)(ii) shall be made prior to award of any other grants as authorized under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I).
(4) For all aspects of construction under this provision, qualified contractors and subcontractors must demonstrate that they maintain all valid licenses, registrations or certificates required by Federal, State or local governments and are in compliance with the following:
(i) The act of June 2, 1915 (P.L. 736, No. 338),3 known as the Workers' Compensation Act.
(ii) The act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1),4 known as the Unemployment Compensation Law.
(iii) The act of August 15, 1961 (P.L. 987, No. 442),5 known as the Pennsylvania Prevailing Wage Act.
(f) Temporary regulations.--Notwithstanding any other provision of law, the temporary regulations published under 4 Pa.C.S. §§ 13A03 (relating to temporary table game regulations), 13B03 (relating to regulations), 13C03 (relating to temporary sports wagering regulations), 13F07 (relating to temporary regulations) and 3303 (relating to temporary regulations) shall expire three years after the date of publication.
Credits
1929, April 9, P.L. 343, No. 176, art. XVII-E, § 1724.1-E, added 2016, April 25, P.L. 168, No. 25, § 12, imd. effective. Amended 2016, July 13, P.L. 664, No. 85, § 19.1, imd. effective; 2017, Oct. 30, P.L. 725, No. 44, § 15, imd. effective; 2019, June 28, P.L. 173, No. 20, § 16, effective July 1, 2019; 2020, May 29, P.L. 158, No. 23, § 7, effective July 1, 2020; 2020, Nov. 23, P.L. 1140, No. 114, § 9, imd. effective; 2021, June 30, P.L. 62, No. 24, § 19, effective in 60 days [Aug. 30, 2021].
