See other bills
under the
same topic
                                                      PRINTER'S NO. 3145

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2204 Session of 2008


        INTRODUCED BY WALKO, JAMES, DERMODY, SOLOBAY, BELFANTI, BRENNAN,
           BUXTON, CALTAGIRONE, CASORIO, DALEY, FABRIZIO, GEIST, GEORGE,
           GERGELY, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARKINS, KILLION,
           KIRKLAND, KORTZ, KOTIK, KULA, LEACH, MAHONEY, MANN, MYERS,
           D. O'BRIEN, PALLONE, PETRARCA, PETRONE, SABATINA, SANTONI,
           SEIP, SIPTROTH, THOMAS AND J. WHITE, JANUARY 28, 2008

        REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JANUARY 28, 2008

                                     AN ACT

     1  Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An
     2     act relating to the lawful conduct of bingo, prescribing
     3     penalties and making a repeal," further providing for
     4     definitions, for rules for licensing and operation and for
     5     revocation of licenses.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The definition of "bingo" in section 3 of the act
     9  of July 10, 1981 (P.L.214, No.67), known as the Bingo Law,
    10  amended December 15, 1982 (P.L.1299, No.293), is amended and the
    11  section is amended by adding definitions to read:
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have, unless the context clearly indicates otherwise, the
    15  meanings given to them in this section:
    16     * * *
    17     ["Bingo."  A game in which each player has a card or board


     1  containing five horizontal rows all but the central one
     2  containing five figures. The central row has four figures with
     3  the word "free" marked in the center thereof. Any preannounced
     4  combination of spaces when completed by a player constitutes
     5  bingo. In the absence of a preannouncement of a combination of
     6  spaces, any combination of five in a row whether horizontal or
     7  vertical when completed by a player constitutes bingo when its
     8  numbers are announced and covered. A wheel or other mechanical
     9  device may be used by any person conducting the game of bingo,
    10  and any such person may award a prize to any player or players
    11  first completing any combination constituting bingo.]
    12     "Bingo."  A game in which each player has a card or an
    13  electronic representation of a card or board which contains
    14  numbers and symbols. Any preannounced combination of spaces when
    15  completed by a player constitutes bingo if the numbers or
    16  symbols are announced and covered. A wheel or other mechanical
    17  device, including a random number or symbol generator, may be
    18  used by any person physically calling or electronically
    19  displaying the game of bingo and any person may award a prize to
    20  any player or players first completing any combination
    21  constituting bingo.
    22     "Bingo session."  Authorized bingo games played until the
    23  maximum amount of prize money, not including the progressive
    24  jackpot, has been given out.
    25     "Bingo supplies."  Paper, pull tabs or daubers used in
    26  conjunction with the game of bingo.
    27     * * *
    28     "Electronic bingo device."  An electronic or mechanical
    29  device that is used by a bingo player to mark representations of
    30  bingo card faces stored in the device and shall not include any
    20080H2204B3145                  - 2 -     

     1  device into which coin, currency or tokens are inserted directly
     2  into the device to activate play. An electronic bingo device may
     3  be used to participate in any lawful form of bingo.
     4     * * *
     5     "Lessor."  A person that permits the conduct of bingo on a
     6  premises owned by or leased to the person.
     7     * * *
     8     "Prize."  The maximum allowed to be paid by an association
     9  per bingo session, not including any progressive jackpot. A
    10  prize is not considered to be a prize until it is paid to the
    11  winning player who must be present during the bingo session the
    12  prize was won. The prize must be awarded to the winner in
    13  person, either in the form of a check or cash by a bona fide
    14  member of the association or an employee of the lessor with whom
    15  the association is renting the premises.
    16     "Progressive jackpot."  An amount given along with the
    17  regular prize if a win is obtained in the predetermined number
    18  of balls or less. If the win is not obtained in the
    19  predetermined number of balls or less, the regular game shall
    20  continue.
    21     Section 2.  Section 5 of the act, amended February 12, 1988
    22  (P.L.76, No.14), is amended to read:
    23  Section 5.  Rules for licensing and operation.
    24     (a)  Issuance and fee.--The licensing authority shall
    25  license, upon application, any association as defined in section
    26  3 to conduct the game of bingo at one location in the county,
    27  which, when in a county of the second class, shall only be in
    28  the city, borough or township where the main business office or
    29  headquarters of the association is located. The county treasurer
    30  of a county of the second class shall indicate on each license
    20080H2204B3145                  - 3 -     

     1  the city, borough or township where the association may conduct
     2  bingo. The single municipal location limitation shall not apply
     3  to a group of licensed associations conducting bingo at a
     4  central location. The license fee to be charged to each
     5  nonprofit association shall be $100 per annum except to those
     6  recognized senior citizens' groups who conduct bingo for their
     7  members only the fee shall be $50 per annum. The license fee to
     8  be charged to each agricultural association or county fair shall
     9  be $100 per annum. Associations which conduct bingo only one
    10  period each year for not more than three consecutive days shall
    11  be charged $15 for the issuance of their license. The fees
    12  collected pursuant to this section shall be paid by the
    13  licensing authority into the general fund of the county and used
    14  for county purposes. All records retained by the licensing
    15  authority relating to the issuance of bingo licenses and bingo
    16  permits shall be public information.
    17     (b)  Display.--Licenses issued pursuant to this section shall
    18  be publicly displayed at games conducted by licensees.
    19     (c)  Operation.--Each licensed association shall comply with
    20  the following restrictions and rules governing the operation of
    21  bingo:
    22         [(1)  No person under the age of 18 shall be permitted to
    23     play bingo unless accompanied by an adult.
    24         (2)  No association shall conduct bingo more than twice
    25     in any one week, except an association shall be permitted to
    26     conduct the game of bingo for a period not to exceed ten days
    27     at the association's exposition, carnival or fair site in
    28     addition to the regularly scheduled games.
    29         (3)  Prizes awarded shall not exceed a value of $250 for
    30     any one game of bingo, except for jackpot games which shall
    20080H2204B3145                  - 4 -     

     1     not exceed a value of $2,000 for one such game. In addition,
     2     no more than $4,000 in prizes shall be awarded in any
     3     calendar day.
     4         (4)  Only associations licensed to conduct bingo shall be
     5     permitted to advertise their bingo games. Such advertisements
     6     shall contain the date, time, location, whether cash or
     7     merchandise prizes will be awarded and the name of the
     8     association licensed to conduct the bingo game and the name
     9     of the individual in charge of the operation of the game. An
    10     association shall not advertise the prizes or their dollar
    11     value which will be awarded nor shall they advertise a
    12     guaranteed prize dollar value.
    13         (5)  The association shall own the equipment used in
    14     playing bingo or shall sign a written agreement leasing the
    15     equipment from another licensed association for a fee which
    16     is not determined by the amount of receipts realized from the
    17     playing of bingo or the number of people attending bingo
    18     games. Joint ownership of bingo equipment shall be permitted
    19     only if both owners of the equipment are licensed
    20     associations. This paragraph shall not apply to associations
    21     contracting charitable organizations or outside operators to
    22     conduct bingo at expositions, carnivals or fairs.
    23         (6)  The association shall own both the premises upon
    24     which bingo is played and the personal property used in the
    25     conduct of the game, or if it does not, the association shall
    26     sign a written agreement leasing such premises or personal
    27     property from the owner thereof for a fee which is not
    28     determined by either the amount of receipts realized from the
    29     playing of bingo or the number of people attending bingo
    30     games. An association shall not lease such premises or
    20080H2204B3145                  - 5 -     

     1     personal property from any person who has been convicted of a
     2     felony or a violation of this act.]
     3         (1)  No person under the age of 18 shall be permitted to
     4     play bingo unless accompanied by an adult. Children under 18
     5     years of age shall not be permitted to play bingo using an
     6     electronic bingo device.
     7         (2)  No association shall conduct bingo more than four
     8     times in any one week, except an association shall be
     9     permitted to conduct the game of bingo for a period not to
    10     exceed four days at the association's exposition, carnival or
    11     fair site in addition to the regularly scheduled games.
    12         (3)  No more than $10,000 in prizes shall be awarded in
    13     any calendar day. The value of a progressive jackpot shall
    14     not be subject to the prize limitation under this paragraph.
    15         (4)  (Reserved)
    16         (5)  The association shall own the equipment used in
    17     playing bingo or shall sign a written agreement leasing the
    18     equipment from another licensed association for a fee which
    19     is not determined by the amount of receipts realized from the
    20     playing of bingo or the number of people attending bingo
    21     games. Joint ownership of bingo equipment shall be permitted
    22     only if both owners of the equipment are licensed
    23     associations. This paragraph shall not apply to associations
    24     contracting charitable organizations or outside operators to
    25     conduct bingo at expositions, carnivals or fairs. The
    26     association can be charged a per use fee on an electronic
    27     bingo device used during the bingo occasion. The per use fee
    28     may not be determined by the amount of receipts realized from
    29     the playing of bingo or the number of people attending bingo
    30     games.
    20080H2204B3145                  - 6 -     

     1         (6)  The association shall own both the premises upon
     2     which bingo is played and the personal property used in the
     3     conduct of the game, or if it does not, the association shall
     4     sign a written agreement leasing such premises or personal
     5     property from the owner thereof for a fee which is not
     6     determined by either the amount of receipts realized from the
     7     playing of bingo or the number of people attending bingo
     8     games. An association shall not lease such premises or
     9     personal property from any person who has been convicted of a
    10     felony or a violation of this act.
    11         (7)  Each association shall keep written records of the
    12     moneys and merchandise collected and distributed for each day
    13     they conduct bingo. These records shall indicate the total
    14     proceeds collected, the total prize money distributed, the
    15     total value of all merchandise awarded as a prize and the
    16     amount of moneys paid as rentals or wages and to whom such
    17     rentals or wages were paid. All prizes awarded having a value
    18     greater than $250 shall be specifically described in the
    19     association's records.
    20         (8)  Each association shall deposit with a financial
    21     institution all proceeds for each day's bingo game in an
    22     account in the association's name. This deposit shall be made
    23     before any of the proceeds may be used for any other purpose,
    24     except for payment of prize money and compensation to members
    25     employed in the operation of the game. The following shall
    26     apply:
    27             (i)  No supplier of equipment, bingo supplies or
    28         electronic bingo devices shall sell, offer to sell or
    29         deliver any equipment, bingo supplies or electronic bingo
    30         devices to any licensed organization in this Commonwealth
    20080H2204B3145                  - 7 -     

     1         and no organization shall buy or accept delivery of any
     2         equipment, bingo supplies or electronic bingo devices,
     3         except on terms of immediate payment or on terms
     4         requiring payment no later than the 15th day following
     5         that on which actual delivery is made. If any payment is
     6         not made when due, the supplier shall immediately notify
     7         the district attorney of the county in which the
     8         organization is located of the default, after which no
     9         person shall sell any equipment, bingo supplies or
    10         electronic bingo devices to the organization in default
    11         on any other terms than immediate payment, until
    12         otherwise authorized by the district attorney. Under
    13         penalty of suspension of its license, the organization
    14         which is in default shall pay its obligation in full
    15         within 30 days from the date it became due.
    16             (ii)  No supplier of equipment, bingo supplies or
    17         electronic bingo devices shall accept payment from a
    18         licensed organization for any equipment, bingo supplies
    19         or electronic bingo devices unless that payment is in the
    20         form of a check bearing the organization's license number
    21         and drawn on the organization's separate charitable
    22         gaming account.
    23             (iii)  Any licensee who violates this section may
    24         have its license suspended for not more than 60 days for
    25         a first or a subsequent offense. Each failure of an
    26         organization to make payment for any default before the
    27         expiration of the period suspension constitutes a
    28         subsequent offense. Additionally, the organization may be
    29         required to make payments for all equipment, bingo
    30         supplies or electronic bingo devices subsequently
    20080H2204B3145                  - 8 -     

     1         purchased.
     2         [(9)  No association shall permit any person who is not a
     3     bona fide member of the association or who has been convicted
     4     of a felony or a violation of this act to manage, set up,
     5     supervise or participate in the operation of the
     6     association's bingo games. Nothing contained in this act
     7     shall be construed to prohibit individuals under 18 years of
     8     age from participating in the operation of the game and being
     9     compensated therefor if written permission is obtained from
    10     their parent or guardian.]
    11         (9)  An association shall permit any person who is a bona
    12     fide member of the association or an employee of a lessor to
    13     manage, set up, supervise or participate in the operation of
    14     the association's bingo games. No association shall permit
    15     any person who has been convicted of a felony or a violation
    16     of this chapter to manage, set up, supervise or participate
    17     in the operation of the association's bingo games. Nothing
    18     contained in this chapter shall be construed to prohibit
    19     individuals under 18 years of age from participating in the
    20     operation of the game and being compensated therefor if
    21     written permission is obtained from their parent or guardian.
    22         (10)  Associations which obtain a license for the purpose
    23     of conducting bingo at an exposition, carnival or fair for a
    24     period not exceeding ten days shall be permitted to contract
    25     a charitable organization to manage, set up, supervise or
    26     participate in the operation of the bingo game provided only
    27     merchandise prizes are awarded. Only bona fide members of the
    28     contracted charitable organization shall be permitted to
    29     participate in the operation of the bingo game. If no
    30     charitable organizations are available, the association may
    20080H2204B3145                  - 9 -     

     1     contract an outside operator to conduct the game for
     2     merchandise at the exposition, carnival or fair site. The
     3     provisions of this paragraph shall not be construed to allow
     4     bingo games to be ordinarily carried out on a commercial
     5     basis in this Commonwealth.
     6         (11)  No person shall participate in the operation of
     7     bingo games on more than four days in any calendar week,
     8     which games may be operated by no more than two different
     9     licensed associations. This provision shall not apply to
    10     persons engaged in the operation of bingo for merchandise at
    11     expositions, carnivals or fairs not exceeding ten days in
    12     duration.
    13         (12)  No supplier of merchandise nor any person who has
    14     been convicted of a felony or a violation of this act shall
    15     have a pecuniary interest in the operation or proceeds of the
    16     bingo game.
    17     (d)  Application for license.--Each association shall apply
    18  to the licensing authority for a license on a form to be
    19  prescribed by the Secretary of the Commonwealth. Said form shall
    20  contain an affidavit to be affirmed by the executive officer or
    21  secretary of the association stating that:
    22         (1)  No person under the age of 18 will be permitted by
    23     the association to play bingo unless accompanied by an adult.
    24     Children under 18 years of age shall not be permitted to play
    25     bingo using an electronic bingo device.
    26         (2)  The facility in which any game of bingo is to be
    27     played does have adequate means of ingress and egress and
    28     adequate sanitary facilities available in the area.
    29         (3)  The association is the sole or joint owner with a
    30     licensed association of the equipment used in playing bingo
    20080H2204B3145                 - 10 -     

     1     or it leases the equipment from another licensed association
     2     under a written agreement for a fee which is not determined
     3     by the amount of receipts realized from the playing of bingo
     4     or the number of people attending bingo games. This paragraph
     5     shall not apply to associations contracting with charitable
     6     organizations or outside operators to conduct bingo at
     7     expositions, carnivals or fairs.
     8         (4)  The association is the owner of both the premises
     9     upon which bingo is played and the personal property used in
    10     the conduct of the game or, if it is not, that the
    11     association is not leasing such premises or personal property
    12     from the owner thereof under an oral agreement, nor is it
    13     leasing such premises or personal property from the owner
    14     thereof under a written agreement at a rental which is
    15     determined by either the amount of receipts realized from the
    16     playing of bingo or the number of people attending bingo
    17     games, nor is it leasing such premises or personal property
    18     from a person who has been convicted of a felony or a
    19     violation of this act.
    20         (5)  The association will not conduct the playing of
    21     bingo more than [twice] four times per week in any one week,
    22     except those associations conducting bingo at expositions,
    23     carnivals or fairs.
    24         (6)  The association in any calendar day will not award a
    25     total of more than [$4,000] $10,000 in prizes.
    26         (7)  The association is a nonprofit association as
    27     defined in this act.
    28     [(e)  Limitation on compensation.--No person may be employed
    29  in the operation or the actual running of a bingo game for
    30  compensation greater than $50 per day, except employees of
    20080H2204B3145                 - 11 -     

     1  outside operators under section 5(c)(10), and any person
     2  compensated shall be paid individually by check or by cash, in
     3  which case the payee shall sign a written receipt therefor. In
     4  addition, no person shall receive compensation from more than
     5  one source for services rendered in the operation of a bingo
     6  game.]
     7     (e)  Compensation.--Any person compensated shall be paid
     8  individually by check or by cash, in which case the payee shall
     9  sign a written receipt.
    10     (f)  Investigation of association.--The licensing authority
    11  may request an investigation to verify the statements made in
    12  any application for a license.
    13     Section 3.  The act is amended by adding a section to read:
    14  Section 5.1.  Progressive jackpots.
    15     (a)  Permitted.--A licensed charitable organization or
    16  organizations playing at the same location may deposit a
    17  predetermined amount of money before each licensed call bingo
    18  session into a special account in order to offer a progressive
    19  jackpot prize.
    20     (b)  Participating organizations.--A participating
    21  organization may conduct a progressive jackpot game which shall
    22  be in conjunction with the organization's regular bingo games.
    23     (c)  Contents.--A progressive jackpot shall consist of all
    24  contributions made by participating organizations.
    25     (d)  Method of winning.--A progressive jackpot is won along
    26  with a regular jackpot prize when a player achieves a win in a
    27  predetermined number of balls or less. If the win is not
    28  obtained in the predetermined number of balls or less, the
    29  organization's regular game shall continue.
    30     (e)  Checking account.--A separate checking account shall be
    20080H2204B3145                 - 12 -     

     1  opened by the participating organization for the progressive
     2  jackpot. The following shall apply:
     3         (1)  The account shall be in the name of "Charitable
     4     Gaming Progressive Jackpot Account" which shall be imprinted
     5     on all checks. Checks from this account shall require two
     6     signatures.
     7         (2)  If the organizations are using a lessor, the lessor
     8     shall designate a representative who shall make deposits of
     9     all funds contributed to the progressive jackpot by 10:00
    10     a.m. on the next banking day and who shall be responsible for
    11     maintaining the checking account in accordance with generally
    12     accepted accounting principles.
    13         (3)  Designated representatives of the lessor and each
    14     participating organization shall be authorized signatories on
    15     the account and shall be in attendance at the location at the
    16     conclusion of each respective organization's progressive
    17     jackpot game for the purpose of issuing a check bearing
    18     signatures of the lessor representative and the organization
    19     representative from the special account to the winner. If no
    20     lessor is involved, the organization shall have two of its
    21     representatives at the location to sign and issue a check.
    22         (4)  All banking fees and costs shall be borne by the
    23     lessor or the organization, if no lessor is involved.
    24     (f)  Contribution.--Each participating organization shall
    25  submit a check to the designated lessor representative for the
    26  predetermined amount prior to the commencement of the
    27  organization's scheduled call bingo session made payable to the
    28  charitable gaming progressive jackpot account. The contribution
    29  shall be nonrefundable except in the event of premises closure.
    30  Each predetermined contribution shall constitute part of the
    20080H2204B3145                 - 13 -     

     1  total amount of prizes awarded during that call bingo session.
     2  If no lessor is involved, the organization shall make a check
     3  payable to its charitable gaming progressive jackpot account.
     4  The contribution shall be nonrefundable except in the event of
     5  premises closure. Each predetermined contribution shall
     6  constitute part of the total amount of prizes awarded during
     7  that call bingo session. The following shall apply:
     8         (1)  The dollar amount of the progressive jackpot shall
     9     be continuously and conspicuously displayed during all bingo
    10     sessions conducted by participating organizations at the
    11     location within view of all patrons purchasing progressive
    12     jackpot cards.
    13         (2)  All checks written to a charitable gaming
    14     progressive jackpot account shall be reported as part of the
    15     bingo reports when requested by the local district attorney's
    16     office.
    17         (3)  The organization involved in the progressive jackpot
    18     may establish a maximum cap. Participating organizations may,
    19     prior to the progressive jackpot being won, raise but may not
    20     lower the maximum jackpot or cap. The following shall apply:
    21             (i)  In the event that the maximum progressive
    22         jackpot or cap established is reached, the organizations
    23         may continue to make contributions to the charitable
    24         gaming progressive jackpot account in order to accumulate
    25         a second or subsequent jackpot. Once the maximum jackpot
    26         or cap is reached, the participating organizations shall
    27         not offer any subsequent progressive jackpot prize until
    28         the time that the first progressive jackpot prize is won.
    29             (ii)  The dollar amount of the maximum jackpot or cap
    30         as established by the organizations shall be continuously
    20080H2204B3145                 - 14 -     

     1         and conspicuously displayed with the current dollar
     2         amount of the progressive jackpot.
     3     Section 4.  Section 6 of the act, amended December 15, 1982
     4  (P.L.1299, No.293), is amended to read:
     5  Section 6.  Revocation of licenses.
     6     (a)  Grounds.--The licensing authority shall revoke or refuse
     7  to renew the license of any association whenever the district
     8  attorney finds upon investigation that:
     9         (1)  Any of the funds derived from the operation of the
    10     game of bingo are used for any purpose which does not support
    11     the nonprofit purposes of the association.
    12         (2)  Any person under the age of 18 unaccompanied by an
    13     adult is playing bingo as herein defined.
    14         (3)  The facility in which any game of bingo is played
    15     does not have adequate means of ingress and egress or does
    16     not have adequate sanitary facilities available in the area.
    17         (4)  [Greater compensation than is herein authorized has
    18     been paid to or received by any person, or that a person or
    19     persons other than those authorized in section 5 have been
    20     involved in managing, setting up, operating or running the
    21     game.] (Reserved).
    22         (5)  The association conducts bingo using bingo equipment
    23     which it does not own solely or jointly with another licensed
    24     association or which it leases in violation of the statement
    25     contained in its license application provided by section
    26     5(d)(3).
    27         (6)  The association conducts bingo upon premises which
    28     it does not own or with personal property it does not own and
    29     is either:
    30             (i)  leasing such premises or personal property used
    20080H2204B3145                 - 15 -     

     1         in the conduct of the game from the owner thereof under
     2         an oral agreement;
     3             (ii)  leasing such premises or personal property from
     4         the owner thereof under a written agreement at a rental
     5         which is determined by either the amount of receipts
     6         realized from the playing of bingo or the number of
     7         people attending bingo games; or
     8             (iii)  leasing such premises or personal property
     9         from a person who has been convicted of a felony or a
    10         violation of this act.
    11         (7)  False or erroneous information was provided in the
    12     original notarized application.
    13         (8)  An association has been convicted of a violation of
    14     this act as evidenced by a certified record of the
    15     conviction.
    16     (b)  Production of records.--The district attorney may
    17  require the licensees to produce their books, accounts and
    18  records relating to the conduct of bingo in order to determine
    19  whether a license should be revoked or renewal thereof denied.
    20  Licensees shall also be required to produce their license,
    21  books, accounts and records relating to the conduct of bingo to
    22  other law enforcement officials upon proper request.
    23     (c)  Possible revocation.--The licensing authority may revoke
    24  the license of any association if he finds that the association
    25  has knowingly employed any person in the operation of their
    26  bingo game who has been convicted of a violation of this act.
    27     Section 5.  This act shall take effect in 60 days.


    A14L04SFL/20080H2204B3145       - 16 -