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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY VULAKOVICH, DAVIS, SCHRODER, MANN, BAKER, CLYMER, D. COSTA, FABRIZIO, HAHN, LONGIETTI, MAJOR, MARSHALL, MILLARD, MILLER, SAINATO, SWANGER AND YOUNGBLOOD, OCTOBER 14, 2011 |
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| REFERRED TO COMMITTEE ON GAMING OVERSIGHT, OCTOBER 14, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for gambling |
3 | devices, gambling, etc. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5513(a) and (f) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes are amended and the section |
8 | is amended by adding a subsection to read: |
9 | § 5513. Gambling devices, gambling, etc. |
10 | (a) Offense defined.--A person is guilty of a misdemeanor of |
11 | the first degree if he: |
12 | (1) intentionally or knowingly makes, assembles, sets |
13 | up, maintains, sells, lends, leases, gives away, or offers |
14 | for sale, loan, lease or gift, any punch board, drawing card, |
15 | slot machine or any device to be used for gambling purposes, |
16 | except playing cards; |
17 | (2) allows persons to collect and assemble for the |
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1 | purpose of unlawful gambling at any place under his control; |
2 | (3) solicits or invites any person to visit any unlawful |
3 | gambling place for the purpose of gambling; [or] |
4 | (4) being the owner, tenant, lessee or occupant of any |
5 | premises, knowingly permits or suffers the same, or any part |
6 | thereof, to be used for the purpose of unlawful gambling[.]; |
7 | or |
8 | (5) owns, operates, maintains, places into operation or |
9 | has a financial interest in an electronic gaming machine or |
10 | device to do any of the following: |
11 | (i) Conduct a sweepstakes through the use of a |
12 | simulated gambling device, including the entry process or |
13 | the revealing of a prize. |
14 | (ii) Promote a sweepstakes that is conducted through |
15 | the use of a simulated gambling device, including the |
16 | entry process or the revealing of a prize. |
17 | * * * |
18 | (e.1) Construction.--Nothing in this section shall be |
19 | construed to prohibit any activity that is lawfully conducted |
20 | under any of the following: |
21 | (1) The act of August 26, 1971 (P.L.351, No.91), known |
22 | as the State Lottery Law. |
23 | (2) The act of July 10, 1981 (P.L.214, No.67), known as |
24 | the Bingo Law. |
25 | (3) The act of December 19, 1988 (P.L.1262, No.156), |
26 | known as the Local Option Small Games of Chance Act. |
27 | (4) 4 Pa.C.S. (relating to amusements). |
28 | (f) Definitions.--[As used in this section, the term |
29 | "gambling place" does not include a vessel that is in the |
30 | process of construction, delivery, conversion or repair by a |
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1 | shipbuilding business that complies with subsection (d).] The |
2 | following words and phrases when used in this section shall have |
3 | the meanings given to them in this subsection unless the context |
4 | clearly indicates otherwise: |
5 | "Electronic gaming machine or device." A mechanically, |
6 | electrically or electronically operated machine or device that |
7 | is intended to be used by a sweepstakes entrant and is capable |
8 | of displaying information on a screen or other mechanism. The |
9 | term includes an electronic gaming machine or device which: |
10 | (1) Uses a simulated game terminal as a representation |
11 | of the prizes associated with the results of the sweepstakes |
12 | entries. |
13 | (2) Uses software that simulates a game that influences |
14 | or determines the winning or value of the prize. |
15 | (3) Selects prizes from a predetermined finite pool of |
16 | entries. |
17 | (4) Uses a mechanism that reveals the content of a |
18 | predetermined sweepstakes entry. |
19 | (5) Predetermines the prize results and restores those |
20 | results for delivery at the time the sweepstakes entry is |
21 | revealed. |
22 | (6) Uses software to create a game result. |
23 | (7) Requires a deposit of any money, coin or token or |
24 | the use of any credit card, debit card, prepaid card or other |
25 | method of payment to activate the electronic gaming machine |
26 | or device. |
27 | (8) Requires direct payment into the electronic gaming |
28 | machine or device or remote activation of the electronic |
29 | gaming machine or device. |
30 | (9) Requires purchase of a related product and the |
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1 | related product has legitimate value. |
2 | (10) Reveals the prize incrementally even though it may |
3 | not influence whether a prize is awarded or the value of any |
4 | prize awarded. |
5 | (11) Determines and associates the prize with an entry |
6 | or entries at the time the sweepstakes is entered. |
7 | "Enter" or "entry." The act or process by which a person |
8 | becomes eligible to receive any prize offered in a sweepstakes. |
9 | "Gambling place." The term does not include a vessel that is |
10 | in the process of construction, delivery, conversion or repair |
11 | by a shipbuilding business that complies with subsection (d). |
12 | "Prize." Any gift, award, gratuity, good, service, credit or |
13 | anything else of value which may be transferred to a person |
14 | whether or not possession of the prize is actually transferred |
15 | or placed on an account or other record as evidence of the |
16 | intent to transfer the prize. |
17 | "Simulated gambling device." A mechanically or |
18 | electronically operated machine, network, system or device that |
19 | is intended to be used by an entrant to a game promotion or |
20 | sweepstakes that is capable of displaying a simulated gambling |
21 | display on a screen or other mechanism. The term includes, but |
22 | not limited to: |
23 | (1) A video poker game or any other kind of video card |
24 | game. |
25 | (2) A video bingo game. |
26 | (3) A video craps game. |
27 | (4) A video keno game. |
28 | (5) A video lotto game. |
29 | (6) Eight liner. |
30 | (7) Pot-of-gold. |
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1 | (8) A video game based on or involving the random or |
2 | chance matching of different pictures, words, numbers or |
3 | symbols. |
4 | "Sweepstakes." Any game, advertising scheme or plan or other |
5 | promotion that, with or without payment of any consideration, a |
6 | person may enter to win or become eligible to receive any prize. |
7 | Section 2. This act shall take effect in 60 days. |
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