PRIOR PRINTER'S NO. 325 PRINTER'S NO. 1577
No. 295 Session of 1997
INTRODUCED BY BUNT, CLARK, LYNCH, TIGUE, SAINATO, HALUSKA,
RUBLEY, STABACK, HENNESSEY, E. Z. TAYLOR, BOSCOLA, BARD,
HERSHEY, BELFANTI, CAWLEY, DeLUCA, ITKIN, TRELLO, ALLEN,
DERMODY, GEIST, LAUGHLIN, LEH AND HORSEY, FEBRUARY 5, 1997
AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
APRIL 15, 1997
AN ACT
1 PROVIDING FOR A STATEWIDE GAMING REFERENDUM. <--
2 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
3 Consolidated Statutes, further providing for gambling
4 devices.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 CHAPTER 1 <--
8 STATEWIDE GAMING REFERENDUM
9 SECTION 101. SHORT TITLE.
10 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE STATEWIDE
11 GAMING REFERENDUM ACT.
12 SECTION 102. AUTHORIZATION.
13 THE SECRETARY OF THE COMMONWEALTH SHALL CAUSE TO BE PLACED ON
14 THE BALLOT, AT THE PRIMARY OR GENERAL ELECTION OCCURRING AT
15 LEAST 30 DAYS NEXT FOLLOWING THE EFFECTIVE DATE OF THIS ACT, A
16 NONBINDING REFERENDUM TO DETERMINE THE WILL OF THE ELECTORATE OF
17 THIS COMMONWEALTH WITH RESPECT TO THE ESTABLISHMENT OF SPECIFIC
1 TYPES OF GAMING GOVERNED BY LEGISLATION AS DETERMINED BY THE
2 GENERAL ASSEMBLY.
3 SECTION 103. FORM OF QUESTION.
4 THE REFERENDUM QUESTION SHALL BE IN SUBSTANTIALLY THE
5 FOLLOWING FORM:
6 (1) SHALL PENNSYLVANIA ADOPT LEGISLATION TO PROVIDE A
7 MECHANISM BY WHICH COUNTIES, THROUGH LOCAL OPTION, MAY PERMIT
8 A LICENSED AND REGULATED SYSTEM FOR RIVERBOAT GAMING?
9 (2) SHALL PENNSYLVANIA ADOPT LEGISLATION TO PROVIDE A
10 MECHANISM BY WHICH COUNTIES, THROUGH LOCAL OPTION, MAY PERMIT
11 LICENSED AND REGULATED SLOT MACHINES AT HORSE RACING TRACKS?
12 (3) SHALL PENNSYLVANIA ADOPT LEGISLATION TO PROVIDE A
13 MECHANISM BY WHICH COUNTIES, THROUGH LOCAL OPTION, MAY PERMIT
14 LIMITED FORMS OF GAMING AT TAVERNS?
15 SECTION 104. CONDUCT OF ELECTION.
16 THE REFERENDUM SHALL BE ADVERTISED AND CONDUCTED IN
17 ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 3, 1937
18 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
19 CHAPTER 3
20 AMENDMENT OF TITLE 18
21 Section 1 301. Section 5513(c) of Title 18 of the <--
22 Pennsylvania Consolidated Statutes is amended to read:
23 § 5513. Gambling devices, gambling, etc.
24 * * *
25 (c) Antique slot machines.--
26 (1) A slot machine shall be established as an antique
27 slot machine if the defendant shows by a preponderance of the
28 evidence that it was manufactured [prior to 1941] at least 25
29 years before the current year and that it was not used or
30 attempted to be used for any unlawful purposes.
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1 Notwithstanding subsection (b), no antique slot machine
2 seized from any defendant shall be destroyed or otherwise
3 altered until the defendant is given an opportunity to
4 establish that the slot machine is an antique slot machine.
5 After a final court determination that the slot machine is an
6 antique slot machine, the slot machine shall be returned
7 pursuant to the provisions of law providing for the return of
8 property; otherwise, the slot machine shall be destroyed.
9 (2) It is the purpose of this subsection to protect the
10 collection and restoration of antique slot machines not
11 presently utilized for gambling purposes.
12 * * *
13 Section 2. This act shall take effect in 60 days. <--
14 CHAPTER 5 <--
15 MISCELLANEOUS PROVISIONS
16 SECTION 501. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) CHAPTER 1 SHALL TAKE EFFECT IMMEDIATELY.
18 (2) THE AMENDMENT OF 18 PA.C.S. § 5513 SHALL TAKE EFFECT
19 IN 60 DAYS.
20 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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