Regular Session 2021-2022 House Bill 0290 P.N. 1049

PRIOR PRINTER'S NO. 256

PRINTER'S NO. 1049

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

290

Session of

2021

INTRODUCED BY WARNER, REESE, DAVANZO, R. BROWN, DIAMOND, GLEIM,

HILL-EVANS, JAMES, McNEILL, MILLARD, MIZGORSKI, OWLETT,

PISCIOTTANO, ROTHMAN, STRUZZI, BOBACK, STAMBAUGH, COX,

MALAGARI, SNYDER, ECKER, KAIL, BERNSTINE, SAPPEY, KLUNK AND

ROZZI, JANUARY 27, 2021

AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 24, 2021

AN ACT

Amending the act of December 19, 1988 (P.L.1262, No.156),

entitled "An act providing for the licensing of eligible

organizations to conduct games of chance, for the licensing

of persons to distribute games of chance, for the

registration of manufacturers of games of chance, and for

suspensions and revocations of licenses and permits;

requiring records; providing for local referendum by

electorate; and prescribing penalties," in miscellaneous

provisions, providing for games of chance operations during

COVID-19 disaster emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 19, 1988 (P.L.1262, No.156),

known as the Local Option Small Games of Chance Act, is amended

by adding a section to read:

Section 3102. Games of chance operations during COVID-19

disaster emergency.

(a) Operations.--Notwithstanding the provisions of section

307(b.2), during the COVID-19 disaster emergency, a licensed

eligible organization may:

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(1) conduct or operate games of chance at the licensed

eligible organization's operating site or other authorized

premises or location or via a publicly accessible Internet

website or social media platform; and

(2) accept debit cards, credit cards or other electronic

payment methods for playing games of chance on a publicly

accessible Internet website or social media platform.

(b) Definitions.--As used in this section, the term "COVID-

19 disaster emergency" means the proclamation of disaster

emergency issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), any renewal of the proclamation

of disaster emergency or any other proclamation of disaster

emergency related to the novel coronavirus, known as COVID-19,

issued by the Governor in accordance with 35 Pa.C.S. § 7301(c)

(relating to general authority of Governor).

SECTION 3102. GAMES OF CHANCE OPERATIONS DURING COVID-19

DISASTER EMERGENCY.

(A) OPERATIONS.--NOTWITHSTANDING THE PROVISIONS OF SECTION

307(B.2), DURING THE COVID-19 DISASTER EMERGENCY, OR UNTIL MAY

1, 2022, WHICHEVER IS LATER, AN ELIGIBLE ORGANIZATION MAY

CONDUCT AND REVEAL THE WINNER OF RAFFLES AND DRAWINGS VIA AN

INTERNET-BASED CONFERENCING SOFTWARE APPLICATION IN A MANNER

OTHERWISE IN ACCORDANCE WITH THIS CHAPTER.

(B) RAFFLES AND DRAWINGS.--THE FOLLOWING SHALL APPLY TO A

RAFFLE OR DRAWING AUTHORIZED UNDER SUBSECTION (A):

(1) AN ELIGIBLE ORGANIZATION MAY USE A MOBILE PAYMENT

SERVICE FOR THE CONDUCT OR OPERATION OF THE RAFFLE OR DRAWING

IN ACCORDANCE WITH SUBSECTION (C). AN ELIGIBLE ORGANIZATION

MAY NOT ACCEPT CREDIT CARDS FOR THE CONDUCT OR OPERATION OF

THE RAFFLE OR DRAWING.

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(2) AN ELIGIBLE ORGANIZATION MAY ONLY USE AN INTERNET-

BASED CONFERENCING SOFTWARE APPLICATION IN THE CONDUCT OF THE

RAFFLE OR DRAWING LIMITED TO THE REVEAL OF THE WINNER OF THE

RAFFLE OR DRAWING.

(3) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE OR DISPLAY ANIMATION IN IDENTIFYING THE WINNER.

(4) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE OR DISPLAY MOVING OR STILL IMAGES IN

IDENTIFYING THE WINNER

(5) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE, MAKE OR DISPLAY A GRAPHIC PRESENTATION IN

IDENTIFYING THE WINNER.

(6) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE OR BE COMPLETED WITH THE AID OF A SLOT MACHINE,

HYBRID SLOT MACHINE OR SKILL SLOT MACHINE AS DEFINED IN 4

PA.C.S. § 1103 (RELATING TO DEFINITIONS).

(7) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE OR BE COMPLETED WITH THE AID OF A VIDEO GAMING

TERMINAL AS DEFINED IN 4 PA.C.S. § 3102 (RELATING TO

DEFINITIONS).

(8) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

SHALL NOT USE OR BE COMPLETED WITH THE AID OF AN ELECTRONIC

VIDEO MONITOR OR A SIMULATED GAMBLING PROGRAM AS DEFINED IN

18 PA.C.S. § 5513(F) (RELATING TO G AMBLING DEVICES, GAMBLING,

ETC.).

PAYMENT SERVICE UNDER SUBSECTION (B)(1) FOR THE CONDUCT OR

OPERATION OF THE RAFFLE OR DRAWING, AN ELIGIBLE ORGANIZATION

SHALL TAKE ALL OF THE FOLLOWING ACTIONS:

(1) EMPLOY A MECHANISM TO DETECT THE PHYSICAL LOCATION

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OF A PARTICIPANT WHO BUYS A TICKET FOR THE RAFFLE OR DRAWING

AND BLOCK AN INDIVIDUAL LOCATED OUTSIDE OF T HIS COMMONWEALTH

FROM PARTICIPATING IN THE RAFFLE OR DRAWING. THE ELIGIBLE

ORGANIZATION MAY NOT ACCEPT PAYMENT FROM AN INDIVIDUAL

LOCATED OUTSIDE OF THIS COMMONWEALTH.

(2) EMPLOY A MECHANISM TO VERIFY A PARTICIPANT'S

IDENTITY AND RECORD THE DOCUMENT NUMBER OF THE PARTICIPANT'S

GOVERNMENT-ISSUED CREDENTIAL OR EMPLOY ANY OTHER METHODOLOGY

FOR REMOTE, MULTI-SOURCED IDENTITY AUTHENTICATION, INCLUDING

THE USE OF A THIRD PARTY OR GOVERNMENT DATABASE.

(3) EMPLOY A MECHANISM TO VERIFY THAT A PARTICIPANT IS

AT LEAST 18 YEARS OF AGE AND BLOCK AN INDIVIDUAL UNDER 18

YEARS OF AGE FROM PARTICIPATING IN THE RAFFLE OR DRAWING. THE

ELIGIBLE ORGANIZATION MAY NOT ACCEPT PAYMENT FROM AN

INDIVIDUAL UNDER 18 YEARS OF AGE.

(4) REQUIRE A PARTICIPANT TO AFFIRM THAT THE INFORMATION

PROVIDED BY THE PARTICIPANT UNDER THIS SUBSECTION IS

ACCURATE.

(5) RECORD A PARTICIPANT'S ACKNOWLEDGMENT THAT THE

INFORMATION PROVIDED BY THE PARTICIPANT UNDER THIS SUBSECTION

IS ACCURATE.

(D) EXPIRATION.--THE AUTHORITY GRANTED UNDER THIS SECTION

SHALL AUTOMATICALLY EXPIRE UPON EXPIRATION OR TERMINATION OF

THE COVID-19 DISASTER EMERGENCY BY EXECUTIVE ORDER, PROCLAMATION

OR OPERATION OF LAW, OR MAY 1, 2022, WHICHEVER IS LATER.

(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"COVID-19 DISASTER EMERGENCY." THE PROCLAMATION OF DISASTER

EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT

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50 PA.B. 1644 (MARCH 21, 2020), ANY RENEWAL OF THE PROCLAMATION

OF DISASTER EMERGENCY OR ANY OTHER PROCLAMATION OF DISASTER

EMERGENCY RELATED TO THE NOVEL CORONAVIRUS, KNOWN AS COVID-19,

ISSUED BY THE GOVERNOR IN ACCORDANCE WITH 35 PA.C.S. § 7301(C)

(RELATING TO GENERAL AUTHORITY OF GOVERNOR).

"DRAWING." A 50/50 DRAWING, DAILY DRAWING OR WEEKLY DRAWING.

"INTERNET-BASED CONFERENCING SOFTWARE APPLICATION." ANY OF

THE FOLLOWING:

(1) A SOFTWARE APPLICATION THAT ALLOWS FOR THE

TRANSMISSION OF AUDIO AND VISUAL COMMUNICATIONS BETWEEN USERS

OVER THE INTERNET, INCLUDING ZOOM, MICROSOFT TEAMS, SKYPE OR

AN EQUIVALENT APPLICATION.

(2) A SOCIAL NETWORKING APPLICATION THAT ALLOWS FOR THE

TRANSMISSION OF AUDIO AND VISUAL COMMUNICATIONS BETWEEN USERS

OVER THE INTERNET, INCLUDING FACEBOOK LIVE OR PERISCOPE.

"MOBILE PAYMENT SERVICE." A SERVICE IN WHICH A MONEY PAYMENT

IS MADE ELECTRONICALLY THROUGH A MONEY TRANSFER SERVICE,

INCLUDING VENMO, PAYPAL, CASH APP OR AN EQUIVALENT MONEY

TRANSFER SERVICE.

Section 2. This act shall take effect immediately.

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