H0649B2574A04911 BIL:JMT 12/08/15 #90 A04911
AMENDMENTS TO HOUSE BILL NO. 649
Sponsor: REPRESENTATIVE DONATUCCI
Printer's No. 2574
Amend Bill, page 22, by inserting between lines 24 and 25
"Airport authority." The governing body of a municipal
authority organized and incorporated to oversee the operations
of a qualified airport under 53 Pa.C.S. Ch. 56 (relating to
municipal authorities) or the governing body of a city of the
first class, which regulates the use and control of a qualified
airport.
"Airport gaming area." A location or locations within a
qualified airport approved for the conduct of authorized
interactive games through the use of multi-use computing devices
by eligible passengers as approved by the airport authority, in
consultation with the Pennsylvania Gaming Control Board.
* * *
Amend Bill, page 23, line 17, by inserting after "GAMING)."
The term shall include any interactive game approved by
regulation of the Pennsylvania Control Board to be suitable for
interactive gaming through the use of a multi-use computing
device.
Amend Bill, page 25, line 26, by inserting after "BOARD."
The term shall include the licensed placement, operation and
play of authorized interactive games through the use of multi-
use computing devices at a qualified airport, as authorized and
approved by the Pennsylvania Gaming Control Board.
Amend Bill, page 26, by inserting between lines 14 and 15
* * *
"Eligible passenger" or "passenger." An individual 21 years
of age or older who has cleared security check points with a
valid airline boarding pass for travel from one destination to
another by airplane.
* * *
"Fully automated electronic gaming table." An electronic
gaming table determined by the Pennsylvania Gaming Control Board
to be playable or operable as a table game without the
assistance or participation of a person acting on behalf of a
certificate holder. The term shall include a multi-use computing
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device, which through the use of digital, electronic or other
communications technology, is capable of simulating a table
game.
* * *
Amend Bill, page 27, line 19, by inserting after "DEVICES"
, including multi-use computing devices,
Amend Bill, page 30, line 13, by inserting after "PLAYERS."
The term shall include the placing of bets or wagers through
the use of a multi-use computing device.
Amend Bill, page 31, line 1, by inserting after "HOLDER."
The term shall include an interactive gaming agreement
entered into by or between an interactive gaming certificate
holder and an interactive gaming operator for the conduct of
interactive gaming through the use of multi-use computing
devices at a qualified airport in accordance with this part.
Amend Bill, page 35, line 9, by inserting after "EQUIPMENT"
, including multi-use computing devices or associated
equipment,
Amend Bill, page 35, by inserting between lines 11 and 12
"Multi-use computing device." As follows:
(1) A computing device, including, but not limited to, a
tablet computer, that:
(i) Allows a player to access an authorized
interactive game.
(ii) Is located and accessible to eligible
passengers only in an airport gaming area.
(iii) Communicates with a server that is in a
location approved by the Pennsylvania Gaming Control
Board.
(iv) Is approved by the Pennsylvania Gaming Control
Board.
(v) Has the capability of being linked to and
monitored by the department's central control computer
system, as applicable for any particular interactive
game, in accordance with section 1323 (relating to
central control computer system).
(vi) Offers a player additional functions which
shall include Internet browsing, the capability of
checking flight status and ordering food or beverages.
(2) The term shall not include any tablet or computing
device that restricts, prohibits or is incapable of providing
access to interactive gaming, interactive gaming skins or
interactive gaming platforms.
Amend Bill, page 36, by inserting between lines 27 and 28
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"Qualified airport." A publicly owned commercial service
airport that is designated by the Federal Government as an
international airport.
* * *
Amend Bill, page 38, by inserting between lines 28 and 29
(iv) A multi-use computing device which is capable
of simulating, either digitally or electronically, a slot
machine.
Amend Bill, page 39, line 6, by inserting after
"COMMONWEALTH."
The term shall include a person that sells, leases, offers
or otherwise provides, distributes or services any multi-use
computing device as approved by the Pennsylvania Gaming Control
Board.
Amend Bill, page 39, line 10, by inserting after "DEVICE"
, including any multi-use computing device ,
Amend Bill, page 39, line 19, by striking out the period
after "GAME" and inserting
or that is capable, through the use of digital, electronic
or other communications technology, of simulating play of a
table game.
Amend Bill, page 47, line 21, by striking out "OR CASINO
SIMULCASTING" and inserting
, casino simulcasting or multi-use computing devices
Amend Bill, page 62, line 30, by striking out "OR" where it
occurs the second time and inserting a comma
Amend Bill, page 63, line 1, by inserting after "EQUIPMENT"
or multi-use computing devices
Amend Bill, page 64, line 2, by inserting after "GAMING"
, including multi-use computing devices ,
Amend Bill, page 106, by inserting between lines 19 and 20
SUBCHAPTER B.1
MULTI-USE COMPUTING DEVICES
Sec.
13B20. Authorization.
13B20.1. Board authorization required.
13B20.2. Standard for review of applications.
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13B20.3. Fees.
13B20.4. Multi-use gaming device tax.
13B20.5. Local share assessment.
13B20.6. Regulations.
13B20.7. Construction.
§ 13B20. Authorization.
(a) Authority.--
(1) Notwithstanding any provision of this part or
regulation of the board, an interactive gaming certificate
holder may provide for the conduct of interactive gaming at a
qualified airport through the use of multi-use computing
devices or enter into a written agreement with an interactive
gaming operator that provides for the conduct of such
interactive gaming by the interactive gaming operator on
behalf of the interactive gaming certificate holder.
(2) An interactive gaming certificate holder seeking to
make authorized interactive games available for play through
the use of multi-use computing devices at a qualified airport
shall file a petition with the board in such form and manner
as the board, through regulations, shall require.
(b) Place of conduct.--The board, at its discretion, may
authorize an interactive gaming certificate holder or an
interactive gaming operator to place and make authorized
interactive games available for play at a qualified airport
through the use of multi-use computing devices in accordance
with the requirements of this subchapter and regulations of the
board.
(c) Satisfaction of contingencies.--Authorization for an
interactive gaming certificate holder to conduct interactive
gaming at a qualified airport in accordance with subsection (a)
shall be contingent upon the following:
(1) The interactive gaming certificate holder has
submitted a petition to the board seeking authorization to
manage the conduct of interactive gaming at the qualified
airport and the board has approved the petition.
(2) The interactive gaming certificate holder has
disclosed that it has or will enter into an agreement with an
interactive gaming operator who will manage, operate and
control the conduct of interactive gaming at a qualified
airport on behalf of the interactive gaming certificate
holder and the interactive gaming operator has petitioned the
board for approval and the board has approved the agreement
and the petition.
(3) The interactive gaming certificate holder or
interactive gaming operator, as the case may be, has entered
into an agreement with a licensed supplier.
(4) The interactive gaming certificate holder or
interactive gaming operator, as the case may be, has received
or will receive written approval for the conduct of
interactive gaming at a qualified airport from the entity or
person that holds the concession management contract at the
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qualified airport and the board has reviewed the agreement to
ensure protection of the Commonwealth's interest.
(5) The interactive gaming certificate holder or
interactive gaming operator, as applicable, has provided
adequate assurances that the conduct of interactive gaming at
the qualified airport will be conducted and operated in
accordance with this part and regulations promulgated by the
board.
(6) The interactive gaming certificate holder and the
interactive gaming operator has paid or will pay all
applicable taxes and fees.
(d) Agreement required.--The following shall apply:
(1) An interactive gaming certificate holder may seek
authorization for the operation and placement of authorized
interactive games at a qualified airport or may enter into an
agreement with an interactive gaming operator to provide for
the conduct of interactive gaming at the qualified airport.
(2) An interactive gaming certificate holder or an
interactive gaming operator, as applicable, shall secure the
written approval of the airport authority for the conduct of
interactive gaming through the use of multi-use computing
devices at the qualified airport.
(3) An agreement entered into in accordance with this
subsection shall be in writing and shall be submitted to the
board for review and approval.
§ 13B20.1. Board authorization required.
An interactive gaming certificate holder seeking
authorization to conduct interactive gaming at a qualified
airport through the use of a multi-use computing device shall
petition the board for approval. The petition shall include:
(1) The name, business address and contact information
of the interactive gaming certificate holder or the name,
business address and contact information of the interactive
gaming operator, if an interactive gaming operator will
manage the operation of interactive gaming at a qualified
airport on behalf of an interactive gaming certificate holder
pursuant to an interactive gaming agreement.
(2) The name and business address, job title and a
photograph of each principal and key employee of the
interactive gaming certificate holder and, if relevant, the
interactive gaming operator who will be directly involved in
the conduct of authorized interactive games at the qualified
airport and who is not currently licensed by the board, if
known.
(3) The name and business address of the airport
authority, the location of the qualified airport and the
names of the governing body of the airport authority, if the
airport authority is incorporated in accordance with 53
Pa.C.S. Ch. 56 (relating to municipal authorities).
(4) If the use and control of a qualified airport is
regulated by a city of the first class, an identification of
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the municipal agency and primary officials of a city of the
first class, which regulates the use and control of the
qualified airport.
(5) The name and job title of the person or persons who
will be responsible for ensuring the operation and integrity
of airport gaming and reviewing reports of suspicious
transactions.
(6) The brand name and manufacturer of the multi-use
computing devices that will be placed in operation at the
qualified airport.
(7) An itemized list of the interactive games for which
authorization is being sought.
(8) Information, as the board may require, on any
special computer applications or apps, including gaming apps,
which can be accessed on the multi-use computing devices.
(9) Information on the terms and conditions of any
interactive gaming agreement and concession contract entered
into by or between an interactive gaming certificate holder,
interactive gaming operator and an airport authority or
supplier or other person related to the conduct of
interactive gaming through the use of multi-use computing
devices at a qualified airport, if the board deems necessary
and appropriate.
(10) A copy of each agreement and contract referred to
in paragraph (9), if required by the board.
(11) Detailed site plans illustrating the location of
the proposed airport gaming area at the qualified airport.
(12) Information and documentation concerning financial
background and resources, as the board may require, to
establish by clear and convincing evidence the financial
stability, integrity and responsibility of the petitioner.
(13) Any other information as the board may require.
(b) Confidentiality.--Information submitted to the board
under paragraphs (9), (10), (12) and (13) may be considered
confidential by the board if the information would be
confidential under section 1206(f) (relating to board minutes
and records).
(c) Approval of petition.--Upon approval of a petition as
required under this section, the board shall authorize an
interactive gaming certificate holder or an interactive gaming
operator, as applicable, to conduct interactive gaming at a
qualified airport through the use of multi-use computing
devices. The authorization of an interactive gaming certificate
holder or an interactive gaming operator, as applicable, to
conduct interactive gaming at a qualified airport in accordance
with this chapter prior to the full payment of the authorization
fee under section 13B20.3 (relating to fees) shall not relieve
the interactive gaming certificate holder or interactive gaming
operator, as applicable, from the obligation to pay the
authorization fee in accordance with section 13B20.3.
§ 13B20.2. Standard for review of applications.
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The board shall approve an application under section 13B20.1
(relating to board authorization required) if the interactive
gaming operator has been or will be issued an interactive gaming
license under section 13B14 (relating to interactive gaming
operators), and if it establishes, by clear and convincing
evidence, all of the following:
(1) The interactive gaming operator has an agreement
with an airport authority authorizing the conduct of
interactive gaming at a qualified airport through multi-use
computing devices.
(2) The interactive gaming operator has an agreement
with an interactive gaming certificate holder relating to the
conduct of authorized interactive games by the interactive
gaming operator on behalf of the interactive gaming
certificate holder.
(3) The board has approved the agreements under
paragraphs (1) and (2).
(4) The interactive gaming operator has paid all
applicable fees and the authorization fee under section 13B51
(relating to interactive gaming authorization fee).
(5) The interactive gaming operator possesses the
necessary funds or has secured adequate financing to c ommence
the conduct of interactive gaming at the qualified airport.
(6) The proposed internal and external security and
surveillance measures within the airport gaming area of the
qualified airport are adequate.
§ 13B20.3. Fees.
(a) Required fees.--An interactive gaming certificate holder
shall pay a one-time, nonrefundable fee of $1,000,000 upon the
authorization to conduct interactive gaming at a qualified
airport through the use of multi-use computing devices in
accordance with this chapter.
(b) Deposit of fees.--Notwithstanding section 1208 (relating
to collection of fees and fines), all fees or penalties received
by the board under this chapter shall be deposited in the
General Fund.
§ 13B20.4. Multi-use gaming device tax.
(a) Imposition.--
(1) Each interactive gaming certificate holder
authorized to conduct interactive gaming at a qualified
airport in accordance with the provisions of this chapter
shall report to the department and pay from its daily gross
interactive gaming revenue generated from the conduct of
interactive gaming through multi-use computing devices at the
qualified airport, on a form and in the manner prescribed by
the department, a tax of 14% of its daily gross interactive
gaming revenue generated from multi-use computing devices at
the qualified airport and a local share assessment.
(2) The tax imposed under subsection (a) shall be
payable to the department on a weekly basis and shall be
based upon the gross interactive gaming revenue generated
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from multi-use computing devices at a qualified airport
derived during the previous week.
(3) All funds owed to the Commonwealth under this
section shall be held in trust for the Commonwealth by the
interactive gaming certificate holder until the funds are
paid to the department. Unless otherwise agreed to by the
board, an interactive gaming certificate holder shall
establish a separate bank account into which gross
interactive gaming revenue from multi-use computing devices
shall be deposited and maintained until such time as the
funds are paid to the department under this section.
(4) The department shall transfer the tax revenues
collected under this section to the General Fund.
§ 13B20.5. Local share assessment.
(a) Required payment.--In addition to the tax imposed under
section 13B20.4 (relating to multi-use gaming device tax), each
interactive gaming certificate holder shall pay on a weekly
basis and on a form and in a manner prescribed by the department
a local share assessment into a restricted receipts account
established in the fund. All funds owed under this section shall
be held in trust by the interactive gaming certificate holder
until the funds are paid into the account. Funds in the account
are hereby appropriated to the department on a continuing basis
for the purposes set forth in this section.
(b) Distributions to qualified airports.--
(1) The department shall make quarterly distributions
from the local share assessments deposited into the fund
under subsection (a) to qualified airports.
(2) Notwithstanding paragraph (1) or any other provision
of law, the multi-use computing device local share assessment
generated at a qualified airport located in a city of the
first class which regulates the use and control of a
qualified airport shall be distributed to the school district
of the city of the first class for pre-kindergarten programs.
(c) Definition.--As used in this section, the term "multi-
use computing device local share assessment" means 20% of an
interactive gaming certificate holder's gross interactive gaming
revenue from multi-use computing devices at qualified airports.
§ 13B20.6. Regulations.
(a) Regulations.--The board shall promulgate regulations
related to the operation of authorized interactive games through
the use of multi-use computing devices at qualified airports,
including, but not limited to:
(1) Procedures for the creation of temporary or
provisional interactive gaming accounts that take into
consideration the nature of interactive gaming through multi-
use computing devices at qualified airports.
(2) Procedures to govern credits, debits, deposits and
payments to interactive gaming accounts established through
multi-use computing devices at qualified airports.
(3) Procedures, in consultation with the department, to
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govern financial transactions between an interactive gaming
certificate holder, an interactive gaming operator or other
persons that relates to the reporting of gross interactive
gaming revenue generated through the use of multi-use
computing devices at qualified airports.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, regulations promulgated
by the board in accordance with subsection (a) shall be deemed
temporary regulations which shall expire not later than two
years following the publication of the temporary regulation. The
board may promulgate temporary regulations not subject to:
(1) 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 .
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act .
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act .
(c) Expiration.--The board's authority to adopt temporary
regulations under subsection (a) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
§ 13B20.7. Construction.
Nothing in this subchapter shall be construed to create a
separate license governing the use of multi-use computing
devices for the conduct of interactive games at eligible
airports by interactive gaming certificate holders within this
Commonwealth.
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