SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY VULAKOVICH, DAVIS, SCHRODER, MANN, BAKER, CLYMER, D. COSTA, FABRIZIO, HAHN, LONGIETTI, MAJOR, MARSHALL, MILLARD, MILLER, SAINATO, SWANGER, YOUNGBLOOD, MURT, BROOKS AND DeLUCA, OCTOBER 14, 2011

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 2012   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for gambling

devices, gambling, etc.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5513(a) and (f) of Title 18 of the

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Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

Section 1.  Section 5513(f) of Title 18 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

adding subsections to read:

§ 5513.  Gambling devices, gambling, etc.

(a)  Offense defined.--A person is guilty of a misdemeanor of

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the first degree if he:

(1)  intentionally or knowingly makes, assembles, sets

up, maintains, sells, lends, leases, gives away, or offers

for sale, loan, lease or gift, any punch board, drawing card,

slot machine or any device to be used for gambling purposes,

except playing cards;

(2)  allows persons to collect and assemble for the

purpose of unlawful gambling at any place under his control;

(3)  solicits or invites any person to visit any unlawful

gambling place for the purpose of gambling; [or]

(4)  being the owner, tenant, lessee or occupant of any

premises, knowingly permits or suffers the same, or any part

thereof, to be used for the purpose of unlawful gambling[.];

or

(5)  owns, operates, maintains, places into operation or

has a financial interest in an electronic gaming machine or

device to do any of the following:

(i)  Conduct a sweepstakes through the use of a

simulated gambling device, including the entry process or

the revealing of a prize.

(ii)  Promote a sweepstakes that is conducted through

the use of a simulated gambling device, including the

entry process or the revealing of a prize.

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(a.1)  Electronic video monitor.--A person commits a

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misdemeanor of the first degree if he owns, operates, maintains,

places into operation or has a financial interest in an

electronic video monitor or business that owns, operates,

maintains or places into operation or has a financial interest

in an electronic video monitor:

(1)  which is offered or made available to persons to

play or participate in a simulated gambling program for

direct or indirect consideration, including consideration

associated with a related product, service or activity; and

(2)  for which the person playing the simulated gambling

program may become eligible for a cash or cash-equivalent

prize, whether or not the eligibility for or value of the

cash or cash-equivalent prize is determined by or has any

relationship to the outcome of or play of the simulated

gambling program.

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(e.1)  Construction.--Nothing in this section shall be

construed to prohibit any activity that is lawfully conducted

under any of the following:

(1)  The act of August 26, 1971 (P.L.351, No.91), known

as the State Lottery Law.

(2)  The act of July 10, 1981 (P.L.214, No.67), known as

the Bingo Law.

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

known as the Local Option Small Games of Chance Act.

(4)  4 Pa.C.S. (relating to amusements).

(f)  Definitions.--[As used in this section, the term

"gambling place" does not include a vessel that is in the

process of construction, delivery, conversion or repair by a

shipbuilding business that complies with subsection (d).] The

following words and phrases when used in this section shall have

the meanings given to them in this subsection unless the context

clearly indicates otherwise:

"Electronic gaming machine or device."  A mechanically,

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electrically or electronically operated machine or device that

is intended to be used by a sweepstakes entrant and is capable

of displaying information on a screen or other mechanism. The

term includes an electronic gaming machine or device which:

(1)  Uses a simulated game terminal as a representation

of the prizes associated with the results of the sweepstakes

entries.

(2)  Uses software that simulates a game that influences

or determines the winning or value of the prize.

(3)  Selects prizes from a predetermined finite pool of

entries.

(4)  Uses a mechanism that reveals the content of a

predetermined sweepstakes entry.

(5)  Predetermines the prize results and restores those

results for delivery at the time the sweepstakes entry is

revealed.

(6)  Uses software to create a game result.

(7)  Requires a deposit of any money, coin or token or

the use of any credit card, debit card, prepaid card or other

method of payment to activate the electronic gaming machine

or device.

(8)  Requires direct payment into the electronic gaming

machine or device or remote activation of the electronic

gaming machine or device.

(9)  Requires purchase of a related product and the

related product has legitimate value.

(10)  Reveals the prize incrementally even though it may

not influence whether a prize is awarded or the value of any

prize awarded.

(11)  Determines and associates the prize with an entry

or entries at the time the sweepstakes is entered.

"Enter" or "entry."  The act or process by which a person

becomes eligible to receive any prize offered in a sweepstakes.

"Gambling place."  The term does not include a vessel that is

in the process of construction, delivery, conversion or repair

by a shipbuilding business that complies with subsection (d).

"Prize."  Any gift, award, gratuity, good, service, credit or

anything else of value which may be transferred to a person

whether or not possession of the prize is actually transferred

or placed on an account or other record as evidence of the

intent to transfer the prize.

"Simulated gambling device."  A mechanically or

electronically operated machine, network, system or device that

is intended to be used by an entrant to a game promotion or

sweepstakes that is capable of displaying a simulated gambling

display on a screen or other mechanism. The term includes, but

not limited to:

(1)  A video poker game or any other kind of video card

game.

(2)  A video bingo game.

(3)  A video craps game.

(4)  A video keno game.

(5)  A video lotto game.

(6)  Eight liner.

(7)  Pot-of-gold.

(8)  A video game based on or involving the random or

chance matching of different pictures, words, numbers or

symbols.

"Sweepstakes."  Any game, advertising scheme or plan or other

promotion that, with or without payment of any consideration, a

person may enter to win or become eligible to receive any prize.

"Consideration associated with a related product, service or

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activity."  Money or other value collected for a product,

service or activity which is offered in any direct or indirect

relationship to playing or participating in the simulated

gambling program. The term includes consideration paid for

computer time, Internet time, telephone calling cards and a

sweepstakes entry.

"Electronic video monitor."  An electronic device capable of

showing moving or still images.

"Simulated gambling program."  Any of the following that is 

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method intended to be used by a person playing or participating

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in the program interacting with an electronic video monitor in a

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business establishment that directly or indirectly implements

the predetermination of sweepstakes cash or cash-equivalent

prizes or otherwise connects the sweepstakes player or

participant with the cash or cash-equivalent prize:

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(1)  A mechanically or electronically operated machine,

computer, Smartphone, tablet or other device.

(2)  A network, application, system or software that runs

or operates on a device under paragraph (1).

Section 2.  This act shall take effect in 60 days 

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immediately.

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