H0864B0970A01695 BIL:BTW 06/07/17 #90 A01695
AMENDMENTS TO HOUSE BILL NO. 864
Sponsor: REPRESENTATIVE MUSTIO
Printer's No. 970
Amend Bill, page 1, line 10, by inserting after "chance,"
further providing for major league sports drawing and
Amend Bill, page 2, lines 19 and 20, by striking out all of
said lines and inserting
Section 2. The definitions of "affiliated nonprofit
organization," "major league sports drawing" and "major league
sports team" in section 103 of the act are amended and the
section is amended by adding definitions to read:
Amend Bill, page 2, by inserting between lines 26 and 27
"Affiliated nonprofit organization." An organization
established by or affiliated with [a Major League Baseball,
National Hockey League, National Basketball Association or Major
League Soccer team] an athletic team for the purpose of raising
funds for charity, which is qualified for an exemption under
section 501(c)(3) of the Internal Revenue Code of 1986 (Public
Law 99-514, 26 U.S.C. § 101(c)(3)).
Amend Bill, page 3, by inserting between lines 1 and 2
"Athletic event drawing." A 50/50 drawing that is conducted
by an affiliated nonprofit organization in accordance with
section 304.1.
"Athletic team." A sports team or racing facility that is
any of the following:
(1) A member of Major League Baseball, the National
Hockey League, the National Basketball Association, the
National Football League or Major League Soccer.
(2) A professional sports team affiliated with a team
under paragraph (1).
(3) Any other professional sports team that has a sports
facility or an agreement with a sports facility to conduct
home games at the facility.
(4) A stadium, grandstand or bleacher at a closed-course
motor facility where spectators directly observe motor races
with NASCAR, Indy, stock or drag racing cars.
(5) A collegiate team that competes on behalf of an
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institution of higher education.
* * *
"Institution of higher education." Any of the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
(5) Temple University.
(6) Lincoln University.
(7) Any other institution that is designated as "State
related" by the Commonwealth.
(8) Any accredited private or independent college or
university.
* * *
["Major league sports drawing." A 50/50 drawing conducted by
a nonprofit affiliate of a major league sports team in
accordance with section 304.1.
"Major league sports team." A sports team or racing facility
that is any of the following:
(1) A member of Major League Baseball, the National
Hockey League, the National Basketball Association, the
National Football League or Major League Soccer.
(2) A professional sports team affiliated with a team
under paragraph (1).
(3) Any other professional sports team that has a sports
facility or an agreement with a sports facility to conduct
home games at the facility.
(4) A stadium, grandstand or bleacher at a closed-course
motor facility where spectators are directly observing motor
races with NASCAR, Indy, stock or drag racing cars.]
Amend Bill, page 3, by inserting between lines 2 and 3
Section 3. Section 304.1 of the act is amended to read:
Section 304.1. [Major league sports] Athletic event drawing.
(a) General rule.--A person may purchase one or more [major
league sports] athletic event drawing tickets at a home game,
and each ticket purchased shall represent one entry in the
drawing for a winner. A single ticket shall be randomly chosen
as the winner after a certain number of tickets are sold or a
specified time period expires as designated by the affiliated
nonprofit organization. Purchase of athletic event drawing
tickets may be made by cash, credit card or debit card.
(b) Frequency.--An affiliated nonprofit organization may
conduct no more than one [major league sports] athletic event
drawing per home game.
(b.1) Sales restricted.--Tickets for [a major league sports]
an athletic event drawing may not be sold in any seating area
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designated as a family section.
(b.2) Charitable event.--[A major league sports] An athletic
event drawing may be conducted by the affiliated nonprofit
organization during a charitable event held within the same
arena, stadium, grandstand, bleachers or other facility during a
home game or car race of the [major league sports] athletic
team. Drawings may only be held within spectator areas within
the arena, stadium, grandstand or bleachers where the home game
or car race is being conducted and, except as provided for in
subsection (b.3), not at ancillary areas or facilities,
including parking areas, restaurants and bars or areas outside
the arena, stadium, grandstand or bleachers or areas where the
sport is shown on remote electronic equipment.
(b.3) Outside sales.--Notwithstanding subsection (b.2),
athletic event drawing tickets may be sold prior to a home game
or car race in an officially designated parking area adjacent to
the arena, stadium, grandstand or bleachers or similar facility
where the home game or car race is being conducted and which is
not separated by a highway or street, unless the highway or
street is adjacent to the arena, stadium, grandstand, bleachers
or similar facility.
(c) Distribution.--The prize amount of [a major league
sports] an athletic event drawing shall be 50% of the total
amount collected from the sale of [major league sports] athletic
event drawing tickets. Except as set forth in subsection (c.1),
the other 50% of the total amount collected from the sale of
[major league sports] athletic event drawing tickets shall be
donated within seven days from the date of the drawing by the
affiliated nonprofit organization conducting the [major league
sports] athletic event drawing to one or more designated
charitable organizations for which the drawing was conducted.
(c.1) Use of funds.--
(1) The affiliated nonprofit organization may utilize
nonprize money collected for the following:
(i) To employ or provide payment to individuals 18
years of age or older to sell [major league sports]
athletic event drawing tickets [at a professional
sporting event].
(ii) For administrative expenses directly related to
the conduct of the athletic event drawing under this
section.
(2) Authorized expenses under paragraph (1)(ii) may not
exceed 2% of the total amount collected from the sale of
[major league sports] athletic event drawing tickets.
(d) Designated charitable organization.--The affiliated
nonprofit organization conducting the [major league sports]
athletic event drawing shall disclose to all ticket purchasers
the designated charitable organization for which the [major
league sports] athletic event drawing is being conducted.
(e) Eligibility.--In order to receive proceeds from [a major
league sports] an athletic event drawing, a charitable
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organization must be in existence and fulfilling its purposes
for at least two years prior to the drawing and shall be
eligible for exemption under section 501(c)(3) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).
A political subdivision shall not qualify as a charitable
organization under this section.
(f) Unclaimed prizes.--Any [major league sports] athletic
event drawing prize remaining unclaimed by a winner at the end
of the [major league sports] athletic team's season shall be
donated within 30 days from the end of the season by the
affiliated nonprofit organization to the designated charitable
organization for which the [major league sports] athletic event
drawing was conducted.
(g) Applicability.--The limitations under sections 302,
303(b), 308 and 704 shall not apply to [a major league sports]
an athletic event drawing.
(h) Additional recordkeeping.--The department may require
additional recordkeeping or accountability measures for [major
league sports] athletic event drawings.
Amend Bill, page 3, line 3, by striking out "3" and inserting
4
Amend Bill, page 4, line 17, by striking out "4" and
inserting
5
Amend Bill, page 5, line 3, by striking out "5" and inserting
6
Amend Bill, page 5, line 6, by striking out "6" and inserting
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See A01695 in
the context
of HB0864