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PRINTER'S NO. 1110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
920
Session of
2015
INTRODUCED BY DAVIS, COHEN, KINSEY, DONATUCCI, BROWNLEE,
DAVIDSON, CALTAGIRONE, DeLUCA, KORTZ, M. DALEY AND McNEILL,
APRIL 6, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 6, 2015
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions, in Pennsylvania Gaming Control Board, further
providing for general and specific powers, for slot machine
licensee application appeals from board, for board minutes
and records, for regulatory authority of board, for reports
of board, for diversity goals of board, for Category 3 slot
machine license, for supplier licenses and for manufacturer
licenses; providing for Internet gaming; in administration
and enforcement, further providing for responsibility and
authority of the Department of Revenue, for wagering on
credit, for compulsive and problem gambling program, for
financial and employment interest, for regulation requiring
exclusion or ejection of certain persons, for repeat
offenders excludable from licensed gaming facility, for list
of persons self excluded from gaming activities, for
investigations and enforcement and for prohibited acts and
penalties; in miscellaneous provisions, further providing for
appropriations; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "associated equipment," "cash
equivalent," "cheat," "cheating or thieving device," "conduct of
gaming," "contest," "counterfeit chip," "gaming employee,"
"gaming school," "key employee," "licensed facility," "rake,"
"supplier," "supplier license" and "table game" in section 1103
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of Title 4 of the Pennsylvania Consolidated Statutes are amended
and the section is amended by adding definitions to read:
§ 1103. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Associated equipment." Any equipment or mechanical,
electromechanical or electronic contrivance, component or
machine used in connection with slot machines or table games,
including linking devices which connect to progressive slot
machines or slot machines, replacement parts, equipment which
affects the proper reporting and counting of gross terminal
revenue [and], gross table game revenue and gross Internet
gaming revenue, computerized systems for controlling and
monitoring slot machines [or], table games or Internet games,
including, but not limited to, the central control computer to
which all slot machines communicate [and], devices for weighing
or counting money and Internet gaming devices necessary for the
operation of Internet games as approved by the Pennsylvania
Gaming Control Board.
* * *
"Authorized Internet game." A table game, slot machine or
any other game approved by regulation of the Pennsylvania Gaming
Control Board to be suitable for use for Internet gaming
activities offered by a slot machine licensee in accordance with
the requirements of Chapter 13B (relating to Internet gaming).
* * *
"Cash equivalent." An asset that is readily convertible to
cash, including, but not limited to, any of the following:
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(1) Chips or tokens.
(2) Travelers checks.
(3) Foreign currency and coin.
(4) Certified checks, cashier's checks and money orders.
(5) Personal checks or drafts.
(6) A negotiable instrument applied against credit
extended by a certificate holder, an Internet gaming
certificate holder or a financial institution.
(7) Any other instrument or representation of value that
the Pennsylvania Gaming Control Board deems a cash
equivalent.
* * *
"Certificate." An Internet gaming certificate issued to a
slot machine licensee in accordance with section 13B13 (relating
to issuance of Internet gaming certificate).
* * *
"Cheat." To defraud or steal from any player, slot machine
licensee or the Commonwealth while operating or playing a slot
machine [or], table game[,] or Internet game, including causing,
aiding, abetting or conspiring with another person to do so. The
term shall also mean to alter or causing, aiding, abetting or
conspiring with another person to alter the elements of chance,
method of selection or criteria which determine:
(1) The result of a slot machine game [or], table game
or Internet game.
(2) The amount or frequency of payment in a slot machine
game [or], table game or Internet game.
(3) The value of a wagering instrument.
(4) The value of a wagering credit.
The term does not include altering a slot machine, table game
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device or associated equipment or Internet gaming device or
associated equipment for maintenance or repair with the approval
of a slot machine licensee.
"Cheating or thieving device." A device or software used or
possessed with the intent to be used to cheat during the
operation or play of any slot machine [or], table game or
Internet game. The term shall also include any device used to
alter a slot machine [or], a table game device, an Internet game
or Internet gaming device or associated equipment without the
slot machine licensee's approval.
* * *
"Conduct of gaming." The licensed placement, operation and
play of slot machines [and], table games and Internet games
under this part, as authorized and approved by the Pennsylvania
Gaming Control Board.
"Contest." A table game or Internet game competition among
players for cash, cash equivalents or prizes.
* * *
"Counterfeit chip." Any object that is:
(1) used or intended to be used to play a table game at
a certificate holder's licensed facility and which was not
issued by that certificate holder for such use; [or]
(2) presented to a certificate holder for redemption if
the object was not issued by the certificate holder[.];
(3) used or intended to be used to play an Internet game
offered online by a slot machine licensee and which was not
approved by the slot machine licensee for such use; or
(4) presented online to a slot machine licensee during
play of an Internet game for redemption, if the object was
not issued by the slot machine licensee.
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* * *
"Gaming employee." Any employee of a slot machine licensee,
including, but not limited to:
(1) Cashiers.
(2) Change personnel.
(3) Count room personnel.
(4) Slot attendants.
(5) Hosts or other individuals authorized to extend
complimentary services, including employees performing
functions similar to those performed by a gaming junket
representative.
(6) Machine mechanics, computer machine technicians or
table game device technicians.
(7) Security personnel.
(8) Surveillance personnel.
(9) Promotional play supervisors, credit supervisors,
pit supervisors, cashier supervisors, shift supervisors,
table game managers and assistant managers and other
supervisors and managers, except for those specifically
identified in this part as key employees.
(10) Boxmen.
(11) Dealers or croupiers.
(12) Floormen.
(13) Personnel authorized to issue promotional play.
(14) Personnel authorized to issue credit.
The term shall include employees of a person holding a
supplier's license whose duties are directly involved with the
repair or distribution of slot machines, table game devices or
associated equipment or Internet gaming devices or associated
equipment sold or provided to a licensed facility within this
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Commonwealth as determined by the Pennsylvania Gaming Control
Board. The term shall further include employees of a person
authorized by the board to supply goods and services related to
Internet gaming or any subcontractor or an employee of a
subcontractor that supplies Internet gaming devices or
associated equipment to a holder of an Internet gaming
certificate. The term does not include bartenders, cocktail
servers or other persons engaged solely in preparing or serving
food or beverages, clerical or secretarial personnel, parking
attendants, janitorial, stage, sound and light technicians and
other nongaming personnel as determined by the board.
* * *
"Gaming school." Any educational institution approved by the
Department of Education as an accredited college or university,
community college, Pennsylvania private licensed school or its
equivalent and whose curriculum guidelines are approved by the
Department of Labor and Industry to provide education and job
training related to employment opportunities associated with
slot machines [or], table games or Internet games, including
slot machine, table game device and associated equipment
maintenance and repair and Internet gaming devices and
associated equipment maintenance and repair.
* * *
"Internet game." Any variation or composite of an authorized
Internet game that is offered through the Internet, provided
that such games, or variations or composites, are found suitable
for use by the Pennsylvania Gaming Control Board after an
appropriate test or experimental period and any other game which
is determined by the board to be compatible with the public
interest and to be suitable for Internet gaming after such
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appropriate test or experimental period. The term shall include
contests or tournaments conducted via the Internet in which
registered players compete against one another in one or more of
the Internet games authorized by the board or in approved
variations or composites thereof, if the contests or tournaments
are authorized by the board.
"Internet gaming." The placing of bets or wagers with a slot
machine licensee located in this Commonwealth using a computer
network of both Federal and non-Federal interoperable packet
switched data networks through which a slot machine licensee may
offer authorized Internet games to individuals who have
registered and established an Internet gaming account with the
slot machine licensee.
"Internet gaming account." The formal, electronic system
implemented by a slot machine licensee to record the balance of
a registered player's debits, credits and other activity
relating to Internet gaming.
"Internet gaming account agreement." The agreement entered
into between a slot machine licensee and an individual which
governs the terms and conditions of the individual's Internet
gaming account and the use of the Internet for purposes of
placing wagers on Internet games operated by a slot machine
licensee in this Commonwealth. The Internet gaming account
agreement shall be executed in person.
"Internet gaming certificate." The authorization issued to a
slot machine licensee by the Pennsylvania Gaming Control Board
authorizing the operation and conduct of Internet gaming.
"Internet gaming certificate holder." A slot machine
licensee that has been granted authorization by the Pennsylvania
Gaming Control Board to conduct Internet gaming.
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"Internet gaming device." The technology that is used to
manage, administer or control Internet gaming or the wagers
associated with Internet gaming to facilitate the offering of
authorized Internet games to registered players. The term
includes:
(1) Software.
(2) System programs.
(3) Hardware.
(4) Any other gaming equipment approved by the
Pennsylvania Gaming Control Board.
"Internet gaming gross revenue." As follows:
(1) For all Internet games, with the exception of
Internet poker, the total of all sums received by a slot
machine licensee from Internet gaming, less the total of all
sums actually paid out as winnings to registered players. The
cash equivalent value of any merchandise or thing of value
included in a jackpot or payout shall not be included in the
total of all sums paid out as winnings to registered players
for purposes of determining Internet gaming gross revenue.
(2) For Internet poker, the total of all sums received
by a slot machine licensee from Internet poker, or the
aggregate, during the relevant period, of the rake, contests
or tournament fees and all other fees or charges required or
received from registered players directly as a result of
Internet poker, from deposits into any Internet gaming
account maintained by the slot machine licensee or on behalf
of the slot machine licensee, less the total of all sums
actually paid out as winnings to registered players. The cash
equivalent value of any merchandise or thing of value
included in a jackpot or payout shall not be included in the
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total of all sums paid out as winnings to registered players
for purposes of determining Internet gaming gross revenue.
(3) For all Internet games, including Internet poker,
the term shall not include registered player deposits nor
deposits that reflect promotional credits, incentives from
loyalty or similar programs, bonuses or complimentary
services provided by or on behalf of the slot machine
licensee attendant to Internet gaming or returns of funds by
or on behalf of a slot machine licensee to an Internet gaming
account or bad debt incurred by the slot machine licensee
with respect to an Internet gaming account.
"Internet gaming restricted area." Any room or area within
the premises of a licensed facility or other location within
this Commonwealth as approved by the Pennsylvania Gaming Control
Board to conduct Internet gaming, including, where approved by
the board, redundancy facilities.
"Internet token." A representation of value issued by an
Internet gaming certificate holder for use in playing an
Internet game and redeemable with the issuing Internet gaming
certificate holder for cash or cash equivalent.
* * *
"Key employee." Any individual who is employed in a director
or department head capacity and who is empowered to make
discretionary decisions that regulate slot machine or table game
operations or Internet gaming operations, including the general
manager and assistant manager of the licensed facility, director
of slot operations, director of table game operations, director
of Internet gaming, director of cage and/or credit operations,
director of surveillance, director of marketing, director of
management information systems, director of Internet gaming
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system programs or other similar job classifications associated
with Internet gaming, persons who manage, control or administer
Internet games or the bets and wagers associated with Internet
games, director of security, comptroller and any employee who is
not otherwise designated as a gaming employee and who supervises
the operations of these departments or to whom these department
directors or department heads report and such other positions
not otherwise designated or defined under this part which the
Pennsylvania Gaming Control Board shall determine based on
detailed analyses of job descriptions as provided in the
internal controls of the licensee as approved by the
Pennsylvania Gaming Control Board. All other gaming employees
unless otherwise designated by the Pennsylvania Gaming Control
Board shall be classified as non-key employees.
* * *
"Licensed facility." The physical land-based location at
which a licensed gaming entity is authorized to place and
operate slot machines and, if authorized by the Pennsylvania
Gaming Control Board under Chapter 13A (relating to table
games), to conduct table games and under Chapter 13B (relating
to Internet gaming) to conduct Internet gaming. The term
includes any:
(1) area of a licensed racetrack at which a slot machine
licensee was previously authorized pursuant to section
1207(17) (relating to regulatory authority of board) to
operate slot machines prior to the effective date of this
paragraph;
(2) board-approved interim facility or temporary
facility; and
(3) area of a hotel which the Pennsylvania Gaming
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Control Board determines is suitable to conduct table games.
The term shall not include a redundancy facility or restricted
area which is not located on the premises of a licensed facility
as approved by the board and which is maintained and operated by
a slot machine licensee in connection with Internet gaming.
* * *
"Rake." A set fee or percentage assessed by a certificate
holder or a holder of an Internet gaming certificate for
providing the services of a dealer, gaming table or location, to
allow the play or operation of any nonbanking game[.], including
any nonbanking Internet game.
"Redundancy facilities." Any and all rooms or areas within
this Commonwealth used by a slot machine licensee for emergency
back-up, redundancy or secondary operations attendant to
Internet gaming as approved by the Pennsylvania Gaming Control
Board.
"Registered player." An individual who has entered into an
Internet gaming account agreement with a slot machine licensee.
* * *
"Supplier." A person that sells, leases, offers or otherwise
provides, distributes or services any slot machine, table game
device or associated equipment or Internet gaming device or
associated equipment for use or play of slot machines [or],
table games or Internet games in this Commonwealth.
"Supplier license." A license issued by the Pennsylvania
Gaming Control Board authorizing a supplier to provide products
or services related to slot machines, table game devices or
associated equipment or Internet gaming device or associated
equipment to slot machine licensees for use in this Commonwealth
for gaming purposes.
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* * *
"Table game." Any banking or nonbanking game approved by the
Pennsylvania Gaming Control Board. The term includes roulette,
baccarat, blackjack, poker, craps, big six wheel, mini-baccarat,
red dog, pai gow, twenty-one, casino war, acey-ducey, sic bo,
chuck-a-luck, Panguingue, Fan-tan, Asia poker, Boston 5 stud
poker, Caribbean stud poker, Colorado hold'em poker, double
attack blackjack, double cross poker, double down stud poker,
fast action hold'em, flop poker, four card poker, let it ride
poker, mini-craps, mini-dice, pai gow poker, pokette, Spanish
21, Texas hold'em bonus poker, three card poker, two card joker
poker, ultimate Texas hold'em, winner's pot poker and any other
banking or nonbanking game. The term shall not include:
(1) Lottery games of the Pennsylvania State Lottery as
authorized under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law.
(2) Bingo as authorized under the act of July 10, 1981
(P.L.214, No.67), known as the Bingo Law.
(3) Pari-mutuel betting on the outcome of thoroughbred
or harness horse racing as authorized under the act of
December 17, 1981 (P.L.435, No.135), known as the Race Horse
Industry Reform Act.
(4) Small games of chance as authorized under the act of
December 19, 1988 (P.L.1262, No.156), known as the Local
Option Small Games of Chance Act.
(5) Slot machine gaming and progressive slot machine
gaming as defined and authorized under this part.
[(6) Keno.]
* * *
Section 2. Section 1202(a)(1) and (b)(20) and (23) of Title
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4 are amended and subsection (b) is amended by adding paragraphs
to read:
§ 1202. General and specific powers.
(a) General powers.--
(1) The board shall have general and sole regulatory
authority over the conduct of gaming, including Internet
gaming, or related activities as described in this part. The
board shall ensure the integrity of the acquisition and
operation of slot machines, table games, table game devices
and associated equipment and Internet games, Internet gaming
devices and associated equipment and shall have sole
regulatory authority over every aspect of the authorization,
operation and play of slot machines [and], table games and
Internet games.
* * *
(b) Specific powers.--The board shall have the specific
power and duty:
* * *
(12.2) At its discretion, to award, revoke, suspend,
condition or deny an Internet gaming certificate in
accordance with Chapter 13B (relating to Internet gaming).
* * *
(20) In addition to the power of the board regarding
license and permit applicants, to determine at its discretion
the suitability of any person who furnishes or seeks to
furnish to a slot machine licensee directly or indirectly any
goods, services or property related to slot machines, table
games, table game devices or associated equipment, Internet
games, Internet gaming devices and associated equipment or
through any arrangements under which that person receives
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payment based directly or indirectly on earnings, profits or
receipts from the slot machines, table games, table game
devices and associated equipment or Internet games, Internet
gaming devices and associated equipment. The board may
require any such person to comply with the requirements of
this part and the regulations of the board and may prohibit
the person from furnishing the goods, services or property.
* * *
(23) The board shall not approve an application for or
issue or renew a license, certificate, registration or permit
unless it is satisfied that the applicant has demonstrated by
clear and convincing evidence that the applicant is a person
of good character, honesty and integrity and is a person
whose prior activities, criminal record, if any, reputation,
habits and associations do not pose a threat to the public
interest or the effective regulation and control of slot
machine or table game operations or Internet gaming
operations or create or enhance the danger of unsuitable,
unfair or illegal practices, methods and activities in the
conduct of slot machine or table game operations, Internet
gaming operations or the carrying on of the business and
financial arrangements incidental thereto.
* * *
(27.2) To publish each January in the Pennsylvania
Bulletin and on the board's Internet website a complete list
of all slot machine licensees who filed a petition seeking
authorization to conduct Internet gaming and the status of
each petition or Internet gaming certificate.
* * *
(35) To review detailed site plans identifying the
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restricted area or room where a slot machine licensee
proposes to manage, administer or control Internet gaming
operations within a licensed facility to determine the
adequacy of the proposed internal and external security and
proposed surveillance measures.
(36) To require each slot machine licensee that holds an
Internet gaming certificate to provide on a quarterly basis
the following information with respect to Internet gaming:
(i) the name of any person, entity or firm to whom
any payment, remuneration or other benefit or thing of
value has been made or conferred for professional
services, including, but not limited to, legal,
consulting and lobbying services;
(ii) the amount or value of the payments,
remuneration, benefit or thing of value;
(iii) the date on which the payments, remuneration,
benefit or thing of value was made; and
(iv) the reason or purpose for the procurement of
the services.
Section 3. Sections 1204 and 1206(f)(1) of Title 4 are
amended to read:
§ 1204. Licensed gaming entity application appeals from board.
The Supreme Court of Pennsylvania shall be vested with
exclusive appellate jurisdiction to consider appeals of any
final order, determination or decision of the board involving
the approval, issuance, denial or conditioning of a slot machine
license or the award, denial or conditioning of a table game
operation certificate or the award, denial or conditioning of an
Internet gaming certificate. Notwithstanding the provisions of 2
Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
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Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to
direct appeals from government agencies), the Supreme Court
shall affirm all final orders, determinations or decisions of
the board involving the approval, issuance, denial or
conditioning of a slot machine license or the award, denial or
conditioning of a table game operation certificate or the award,
denial or conditioning of an Internet gaming certificate unless
it shall find that the board committed an error of law or that
the order, determination or decision of the board was arbitrary
and there was a capricious disregard of the evidence.
§ 1206. Board minutes and records.
* * *
(f) Confidentiality of information.--
(1) The following information submitted by an applicant,
permittee [or], licensee or certificate holder pursuant to
section 1310(a) (relating to slot machine license application
character requirements) [or], 1308(a.1) (relating to
applications for license or permit) or 13B12(b) (relating to
Internet gaming certificate required and content of petition)
or obtained by the board or the bureau as part of a
background or other investigation from any source shall be
confidential and withheld from public disclosure:
(i) All information relating to character, honesty
and integrity, including family, habits, reputation,
history of criminal activity, business activities,
financial affairs and business, professional and personal
associations submitted under section 1310(a) or 1308(a.1)
or otherwise obtained by the board or the bureau.
(ii) Nonpublic personal information, including home
addresses, telephone numbers and other personal contact
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information, Social Security numbers, educational
records, memberships, medical records, tax returns and
declarations, actual or proposed compensation, financial
account records, creditworthiness or financial condition
relating to an applicant, licensee [or], permittee or
certificate holder or the immediate family thereof.
(iii) Information relating to proprietary
information, trade secrets, patents or exclusive
licenses, architectural and engineering plans and
information relating to competitive marketing materials
and strategies, which may include customer-identifying
information or customer prospects for services subject to
competition.
(iv) Security information, including risk prevention
plans, detection and countermeasures, location of count
rooms, location of restricted areas and redundancy
facilities, emergency management plans, security and
surveillance plans, equipment and usage protocols and
theft and fraud prevention plans and countermeasures.
(v) Information with respect to which there is a
reasonable possibility that public release or inspection
of the information would constitute an unwarranted
invasion into personal privacy of any individual as
determined by the board.
(vi) Records of an applicant or licensee not
required to be filed with the Securities and Exchange
Commission by issuers that either have securities
registered under section 12 of the Securities Exchange
Act of 1934 (48 Stat. 881, 15 U.S.C. § 78l) or are
required to file reports under section 15(d) of the
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Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C.
§ 78o).
(vii) Records considered nonpublic matters or
information by the Securities and Exchange Commission as
provided by 17 CFR 200.80 (relating to commission records
and information).
(viii) Any financial information deemed confidential
by the board upon a showing of good cause by the
applicant or licensee.
* * *
Section 4. Section 1207(5), (8), (9) and (21) of Title 4 are
amended and the section is amended by adding paragraphs to read:
§ 1207. Regulatory authority of board.
The board shall have the power and its duties shall be to:
* * *
(5) Prescribe the procedures to be followed by slot
machine licensees for any financial event that occurs in the
operation and play of slot machines [or], table games or
Internet games.
* * *
(7.2) Enforce prescribed hours for the operation of
Internet games so that a slot machine licensee may conduct
Internet games on any day during the year in order to meet
the needs of registered players or to meet competition.
(8) Require that each licensed gaming entity prohibit
persons under 21 years of age from operating or using slot
machines [or], playing table games or participating in
Internet gaming.
(9) Establish procedures for the inspection and
certification of compliance of each slot machine, table game,
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table game device and associated equipment and Internet game,
Internet gaming device and associated equipment prior to
being placed into use by a slot machine licensee.
* * *
(21) Authorize, in its discretion, a slot machine
licensee to conduct slot machine tournaments or Internet
gaming tournaments and adopt regulations governing the
conduct of such tournaments.
(22) License, regulate, investigate and take any other
action determined necessary regarding all aspects of Internet
gaming.
(23) Define and limit the areas of operation and the
rules of authorized Internet games, including odds, devices
permitted and the method of operation of Internet games,
Internet gaming devices and associated equipment.
(24) Require that all wagering offered through Internet
gaming display online the permissible minimum and maximum
wagers associated with each Internet game.
Section 5. Section 1211 of Title 4 is amended by adding
subsections to read:
§ 1211. Reports of board.
* * *
(a.4) Internet gaming reporting requirements.--
(1) No later than 12 months after the effective date of
Chapter 13B (relating to Internet gaming) and every year
thereafter, the annual report submitted by the board in
accordance with subsection (a) shall include information on
the conduct of Internet games as follows:
(i) Total gross Internet gaming revenue.
(ii) The number and win by type of Internet game at
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each licensed facility conducting Internet gaming during
the previous year.
(iii) All taxes, fees, fines and other revenue
collected and, where appropriate, revenue disbursed
during the previous year. The department shall
collaborate with the board to carry out the requirements
of this subparagraph.
(iv) Other information, data and recommendations
related to the conduct of Internet games and
recommendations regarding the operation of Internet
gaming by licensed gaming entities.
(2) The board may also report periodically to the
Governor and the General Assembly on the effectiveness of the
statutory and regulatory control in place to ensure the
integrity of Internet gaming.
(3) The board may require the Internet gaming
certificate holders to provide information to the board to
assist in the preparation of the report.
* * *
(d.1) Impact of Internet gaming, annual report.--One year
after the commencement of Internet gaming in this Commonwealth,
an annual report shall be prepared and distributed to the
Governor, and the standing committees of the General Assembly
with jurisdiction over this part, on the impact of Internet
gaming on compulsive and problem gambling and gambling addiction
in this Commonwealth. The report shall be prepared by a private
organization or entity with expertise in serving and treating
the needs of persons with compulsive gambling addictions, which
organization or entity shall be selected by the Department of
Drug and Alcohol Programs. The report may be prepared and
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distributed under the supervision of and in coordination with
the board. Any costs associated with the preparation and
distribution of the report shall be borne by slot machine
licensees who have been authorized by the board to conduct
Internet gaming. The board shall be authorized to assess a fee
against each slot machine licensee for these purposes.
* * *
Section 6. Section 1212(e) of Title 4 is amended by adding a
paragraph to read:
§ 1212. Diversity goals of board.
* * *
(e) Definition.--As used in this section, the term
"professional services" means those services rendered to a slot
machine licensee which relate to a licensed facility in this
Commonwealth, including, but not limited to:
* * *
(9) Technology related to Internet games, Internet
gaming devices and associated equipment.
Section 7. Section 1305 of Title 4 is amended by adding a
subsection to read:
§ 1305. Category 3 slot machine license.
* * *
(c.1) Internet gaming.--Notwithstanding any provision of
Chapter 13B (relating to Internet gaming), the operation of
Internet gaming by a Category 3 slot machine licensee shall be
subject to the patron of the amenities requirements of this
section. The board shall, through regulation, determine the
criteria and conditions under which Internet games may be
operated by a Category 3 slot machine licensee. Such regulations
shall require that individuals seeking to participate in
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Internet gaming operated by a Category 3 slot machine licensee
shall only be individuals who hold a valid seasonal or year-
round membership, as approved by the board, which entitles the
individuals to use one or more of the amenities available at the
Category 3 licensed facility and a valid Internet gaming account
with the Category 3 slot machine licensee.
* * *
Section 8. Sections 1309(a.1), 1317(a) and (c.1), 1317.1 and
13A27(c) of Title 4 are amended to read:
§ 1309. Slot machine license application.
* * *
(a.1) Table games and Internet gaming information.--
(1) An applicant for a slot machine license may submit
with its application all information required under Chapter
13A (relating to table games) or under Chapter 13B (relating
to Internet gaming) and request that the board consider its
application for a slot machine license [and], a table game
operation certificate or an Internet gaming certificate
concurrently. All fees for a table game operation certificate
shall be paid by the applicant in accordance with section
13A61 (relating to table game authorization fee) or section
13B51 (relating to Internet gaming authorization fee).
(2) The board shall permit any applicant for a slot
machine license that has an application pending before the
board on the effective date of this subsection to supplement
its application with all information required under Chapter
13A and to request that the board consider its application
for a slot machine license and a table game operation
certificate concurrently. All fees for a table game operation
certificate shall be paid by the applicant in accordance with
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section 13A61.
(3) Notwithstanding paragraph (2), the board may permit
an applicant for a slot machine license that has an
application pending before the board to supplement its
application with all information required under Chapter 13B
and to request that the board consider its application for a
slot machine license, a table game operation certificate or
an Internet gaming certificate concurrently. All fees for an
Internet gaming certificate shall be paid by the applicant in
accordance with section 13B51.
* * *
§ 1317. Supplier licenses.
(a) Application.--A manufacturer that elects to contract
with a supplier under section 1317.1(d.1) (relating to
manufacturer licenses) shall ensure that the supplier is
appropriately licensed under this section. A person seeking to
provide slot machines, table game devices or associated
equipment or Internet gaming devices or associated equipment to
a slot machine licensee within this Commonwealth through a
contract with a licensed manufacturer shall apply to the board
for the appropriate supplier license.
* * *
(c.1) Abbreviated process.--In the event an applicant for a
supplier license to supply table game devices or associated
equipment used in connection with table games or Internet gaming
devices or associated equipment used in connection with Internet
games is licensed by the board under this section to supply slot
machines or associated equipment used in connection with slot
machines, the board may determine to use an abbreviated process
requiring only that information determined by the board to be
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necessary to consider the issuance of a license to supply table
game devices or associated equipment used in connection with
table games or Internet gaming devices or associated equipment
used in connection with Internet games, including financial
viability of the applicant. Nothing in this section shall be
construed to waive any fees associated with obtaining a license
through the normal application process. The board may only use
the abbreviated process if all of the following apply:
(1) The supplier license was issued by the board within
a 36-month period immediately preceding the date the supplier
licensee files an initial application to supply table game
devices or associated equipment.
(2) The person to whom the supplier license was issued
affirms there has been no material change in circumstances
relating to the license.
(3) The board determines, in its sole discretion, that
there has been no material change in circumstances relating
to the licensee that necessitates that the abbreviated
process not be used.
* * *
§ 1317.1. Manufacturer licenses.
(a) Application.--A person seeking to manufacture slot
machines, table game devices and associated equipment or
Internet gaming devices or associated equipment for use in this
Commonwealth shall apply to the board for a manufacturer
license.
(b) Requirements.--An application for a manufacturer license
shall be on the form required by the board, accompanied by the
application fee, and shall include all of the following:
(1) The name and business address of the applicant and
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the applicant's affiliates, intermediaries, subsidiaries and
holding companies; the principals and key employees of each
business; and a list of employees and their positions within
each business, as well as any financial information required
by the board.
(2) A statement that the applicant and each affiliate,
intermediary, subsidiary or holding company of the applicant
are not slot machine licensees.
(3) The consent to a background investigation of the
applicant, its principals and key employees or other persons
required by the board and a release to obtain any and all
information necessary for the completion of the background
investigation.
(4) The details of any equivalent license granted or
denied by other jurisdictions where gaming activities as
authorized by this part are permitted and consent for the
board to acquire copies of applications submitted or licenses
issued in connection therewith.
(5) The type of slot machines, table game devices or
associated equipment or Internet gaming devices or associated
equipment to be manufactured or repaired.
(6) Any other information determined by the board to be
appropriate.
(c) Review and approval.--Upon being satisfied that the
requirements of subsection (b) have been met, the board may
approve the application and grant the applicant a manufacturer
license consistent with all of the following:
(1) The initial license shall be for a period of one
year, and, if renewed under subsection (d), the license shall
be for a period of three years. Nothing in this paragraph
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shall relieve the licensee of the affirmative duty to notify
the board of any changes relating to the status of its
license or to any other information contained in application
materials on file with the board.
(2) The license shall be nontransferable.
(3) Any other condition established by the board.
(c.1) Abbreviated process.--In the event an applicant for a
manufacturer license to manufacture table game devices or
associated equipment used in connection with table games or
Internet games, Internet gaming devices or associated equipment
used in connection with Internet games is licensed by the board
under this section to manufacture slot machines, table game
devices or associated equipment used in connection with slot
machines or table games, the board may determine to use an
abbreviated process requiring only that information determined
by the board to be necessary to consider the issuance of a
license to manufacture table game devices or associated
equipment used in connection with table games or Internet games,
Internet gaming devices or associated equipment used in
connection with Internet gaming, including financial viability
of the applicant. Nothing in this section shall be construed to
waive any fees associated with obtaining a license through the
normal application process. The board may only use the
abbreviated process if all of the following apply:
(1) The manufacturer license was issued by the board
within a 36-month period immediately preceding the date the
manufacturer licensee files an application to manufacture
table game devices or associated equipment[.] or the
manufacturer license was issued by the board within a 36-
month period preceding the date the manufacturer licensee
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filed an application to manufacture Internet gaming devices
or associated equipment.
(2) The person to whom the manufacturer license was
issued affirms there has been no material change in
circumstances relating to the license.
(3) The board determines, in its sole discretion, that
there has been no material change in circumstances relating
to the licensee that necessitates that the abbreviated
process not be used.
(d) Renewal.--
(1) Two months prior to expiration of a manufacturer
license, the manufacturer licensee seeking renewal of its
license shall submit a renewal application accompanied by the
renewal fee to the board.
(2) If the renewal application satisfies the
requirements of subsection (b), the board may renew the
licensee's manufacturer license.
(3) If the board receives a complete renewal application
but fails to act upon the renewal application prior to the
expiration of the manufacturer license, the manufacturer
license shall continue in effect for an additional six-month
period or until acted upon by the board, whichever occurs
first.
(d.1) Authority.--The following shall apply to a licensed
manufacturer:
(1) A manufacturer or its designee, as licensed by the
board, may supply or repair any slot machine, table game
device or associated equipment or Internet gaming device or
associated equipment manufactured by the manufacturer,
provided the manufacturer holds the appropriate manufacturer
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license.
(2) A manufacturer of slot machines may contract with a
supplier under section 1317 (relating to supplier licenses)
to provide slot machines or associated equipment to a slot
machine licensee within this Commonwealth, provided the
supplier is licensed to supply slot machines or associated
equipment used in connection with slot machines.
(3) A manufacturer may contract with a supplier under
section 1317 to provide table game devices or associated
equipment to a certificate holder, provided the supplier is
licensed to supply table game devices or associated equipment
used in connection with table games.
(4) A manufacturer may contract with a supplier under
section 1317 to provide Internet gaming devices or associated
equipment to an Internet gaming certificate holder, provided
that the supplier is licensed to supply Internet gaming
devices or associated equipment used in connection with
Internet games.
(e) Prohibitions.--
(1) No person may manufacture slot machines, table game
devices or associated equipment or Internet gaming devices or
associated equipment for use within this Commonwealth by a
slot machine licensee unless the person has been issued the
appropriate manufacturer license under this section.
(2) Except as permitted in section 13A23.1 (relating to
training equipment) or, in the case of Internet gaming,
authorized by the board, no slot machine licensee may use
slot machines, table game devices or associated equipment or
Internet gaming devices or associated equipment unless the
slot machines, table game devices or associated equipment or
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Internet gaming devices or associated equipment were
manufactured by a person that has been issued the appropriate
manufacturer license under this section.
(3) No person issued a license under this section shall
apply for or be issued a license under section 1317.
(4) No limitation shall be placed on the number of
manufacturer licenses issued or the time period to submit
applications for licensure, except as required to comply with
section 1306 (relating to order of initial license issuance).
§ 13A27. Other financial transactions.
* * *
(c) Credit application verification.---Prior to approving an
application for credit, a certificate holder shall verify:
(1) The identity, creditworthiness and indebtedness
information of the applicant by conducting a comprehensive
review of the information submitted with the application and
any information regarding the applicant's credit activity at
other licensed facilities which the certificate holder may
obtain through a casino credit bureau and, if appropriate,
through direct contact with other slot machine licensees.
(2) That the applicant's name is not included on an
exclusion list under section 1514 (relating to regulation
requiring exclusion [or], ejection or denial of access of
certain persons) or 1516 (relating to list of persons self
excluded from gaming activities) or the voluntary credit
suspension list under subsection (h).
* * *
Section 9. Title 4 is amended by adding a chapter to read:
CHAPTER 13B
INTERNET GAMING
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Subchapter
A. General Provisions
B. Internet Gaming Authorized
C. Conduct of Internet Gaming
D. Facilities and Equipment
E. Testing and Certification
F. Taxes and Fees
G. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
13B01. Legislative finding.
13B02. Regulatory authority.
13B03. Temporary Internet gaming regulations.
§ 13B01. Legislative finding.
The General Assembly finds and declares that:
(1) The primary objective of the Pennsylvania Race Horse
Development and Gaming Act, to which all other objectives are
secondary, is to protect the public through the regulation
and policing of all activities involving gaming and practices
that continue to be unlawful.
(2) Legislative authorization of slot machine gaming and
the conduct of table games is intended to enhance live horse
racing, breeding programs, entertainment and employment in
this Commonwealth.
(3) Legalized gaming is seen as a means to provide a
source of revenue for property and wage tax relief and
economic development and to enhance development of tourism
markets throughout this Commonwealth.
(4) Legalized gaming in the Category I, Category II and
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Category III licensed facilities geographically dispersed in
this Commonwealth has become a critical component of economic
development and, if its development continues to be properly
regulated and fostered, will provide a substantial
contribution to the general health, welfare and prosperity of
this Commonwealth and its citizens.
(5) The General Assembly remains committed to ensuring a
robust casino gaming industry in this Commonwealth that is
capable of competing regionally, nationally and
internationally at the highest levels of quality while
maintaining strict regulatory oversight to ensure the
integrity of all gaming operations as supervised by the
board.
(6) Since its development, the Internet has provided the
opportunity for millions of people worldwide to engage in
online gambling, mostly through illegal off-shore operations.
(7) In 2006, the United States Congress passed and the
President signed the Unlawful Internet Gambling Enforcement
Act of 2006 (Public Law 109-347, 31 U.S.C. § 5361 et seq.),
which generally prohibits the use of banking instruments,
including credit cards, checks and money transfers for
interstate Internet gambling.
(8) Although the Unlawful Internet Gambling Enforcement
Act of 2006 prohibits interstate Internet gambling by United
States citizens, it included an exception that permits
individual states to create a regulatory framework to govern
intrastate Internet gambling, provided that the bets or
wagers would be made exclusively within a single state under
certain circumstances.
(9) Internet gaming is illegal in this Commonwealth and
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without legislative authorization and strict regulation, the
public's trust and confidence in gaming is impacted.
(10) Internet gambling is conducted without oversight,
regulation or enforcement, all of which raises significant
concerns for the protection of the health, welfare and safety
of the citizens of this Commonwealth.
(11) An effective regulatory, licensing and enforcement
system for Internet gambling in this Commonwealth would
inhibit underage wagering and otherwise protect vulnerable
individuals, ensure that the games offered through the
Internet are fair and safe, stop sending much-needed jobs,
tax and other revenue offshore to illegal operators, provide
a significant source of taxable revenue, create jobs and
economic development and address the concerns of law
enforcement.
(12) By legalizing intrastate Internet gambling and
subjecting it to the regulatory oversight of the board, the
General Assembly is assuring the citizens of this
Commonwealth that only those persons licensed by the board to
conduct slot machine gaming and table games in accordance
with the requirements of this title have been determined to
be suitable to facilitate and conduct online gaming
activities in this Commonwealth.
(13) By legalizing intrastate Internet gambling, the
General Assembly will provide the board with the tools
necessary to restrict and stop illegal gambling conducted
over the Internet through persons in foreign jurisdictions
and authorize strict controls over how licensed facilities in
this Commonwealth may accept wagers placed over the Internet.
(14) An effective regulatory, licensing and enforcement
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system to govern Internet gambling in this Commonwealth is
consistent with the original objectives and intent of the
Pennsylvania Race Horse Development and Gaming Act and will
provide the citizens of this Commonwealth with assurance that
access to and the conduct of Internet gambling activities
will not occur in locations adjacent or in close proximity to
historic sights, battlefields, churches and schools, thereby
ensuring the public trust and confidence in legalized
gambling in this Commonwealth.
(15) The Commonwealth has a legitimate State interest in
protecting the integrity of State-authorized intrastate
Internet gaming by licensing those entities already engaged
in the conduct of gaming in this Commonwealth, which are
subject to the scrutiny and discipline of the board and other
regulatory agencies and which are in good standing with those
agencies.
§ 13B02. Regulatory authority.
(a) Authority.--The board shall promulgate and adopt rules
and regulations to govern Internet gaming in order for Internet
gaming to be implemented in a manner that provides for the
security and effective management, administration and control of
Internet gaming, including, but not limited to, regulations:
(1) Ensuring that Internet games are offered for play in
this Commonwealth in a manner that is consistent with Federal
law and the provisions of this chapter.
(2) Establishing standards and procedures for testing
and approving Internet games and Internet gaming devices and
associated equipment, and any variations or composites of
authorized Internet games, provided that the board determines
that the Internet games and any new Internet games or any
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variations or composites are suitable for use after a test or
experimental period under any terms and conditions as the
board may deem appropriate. The board may give priority to
the testing of Internet games, Internet gaming devices and
associated equipment or other gaming equipment which a slot
machine licensee has certified that it will use to conduct
Internet gaming in this Commonwealth.
(3) Establishing standards and rules to govern the
conduct of Internet gaming and the system of and wagering
associated with Internet gaming, including internal controls
and accounting controls, and the type, number, payout,
wagering limits and rules for Internet games.
(4) Establishing the method for calculating Internet
gaming gross revenue and standards for the daily counting and
recording of cash and cash equivalents received in the
conduct of Internet games and ensure that internal controls
and accounting controls are followed, including the
maintenance of financial books and records and the conduct of
audits. The board shall consult with the department in
establishing these regulations.
(5) Establishing notice requirements pertaining to
minimum and maximum wagers on Internet games. Minimum and
maximum wagers may be adjusted by the slot machine licensee
in the normal course of conducting an Internet game, except
that changes in the minimum wagers of any Internet game shall
not apply to players already engaged in wagering on an
Internet game when the minimum wager is changed, unless 30
minutes' notice is provided electronically in a form and
manner approved by the board.
(6) Ensuring that all facilities, Internet gaming
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devices and associated equipment are arranged in a manner to
promote appropriate security for Internet gaming.
(7) Establishing technical standards for the approval of
Internet games, Internet gaming devices and associated
equipment, including mechanical, electrical or program
reliability, security against tampering, the
comprehensibility of wagering and noise and light levels, as
it may deem necessary to protect registered players from
fraud or deception.
(8) Governing the creation and utilization of Internet
gaming accounts by registered players, including requiring
the following:
(i) That Internet gaming accounts shall be possessed
by a natural person and not in the name of any
beneficiary, custodian, joint trust, corporation,
partnership or other organization or entity.
(ii) That Internet gaming accounts shall not be
assignable or otherwise transferable.
(iii) That no account shall be established for an
individual under 21 years of age.
(iv) That all Internet gaming accounts shall be
established in person at a licensed facility.
(9) Establishing procedures for Internet gaming account
holders to log into their gaming accounts, authenticate
identities, agree to terms, conditions and rules applicable
to Internet games and log out of gaming accounts, including
procedures for automatically logging off persons from an
Internet game after a specified period of inactivity.
(10) Establishing procedures for:
(i) Acquiring funds in an Internet gaming account by
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cash, transfer or other means.
(ii) The withdrawal of funds from Internet gaming
accounts.
(iii) The suspension of Internet gaming account
activity for security reasons.
(iv) The termination of Internet gaming accounts and
disposition of proceeds in accounts.
(v) The disposition of unclaimed amounts in dormant
Internet gaming accounts.
(11) Establishing mechanisms by which registered players
may place limits on the amount of money being wagered per
Internet game or during any specified time period or the
amount of losses incurred during any specified time period.
(12) Establishing mechanisms to exclude from Internet
gaming persons not eligible to play by reason of age,
location or inclusion on a list of persons denied access to
Internet gaming activities in accordance with sections 1514
(relating to regulation requiring exclusion, ejection or
denial of access of certain persons), 1515 (relating to
repeat offenders excludable from licensed gaming facility)
and 1516 (relating to list of persons self excluded from
gaming activities).
(13) Establishing procedures for the protection,
security and reliability of Internet gaming accounts,
Internet games, Internet gaming devices and associated
equipment and mechanisms to prevent tampering or utilization
by unauthorized persons.
(14) Establishing data security standards to govern age
and location verification of persons engaged in Internet
gaming activity.
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(15) Requiring each slot machine licensee to:
(i) Provide written information on its Internet
gaming website, which explains the rules for each
Internet game, payoffs or winning wagers and other
information as the board may require.
(ii) Provide specifications approved by the board to
integrate and update the licensed facility's surveillance
system to cover all areas in the licensed facility where
Internet gaming will be managed, administered or
controlled. The specifications shall include provisions
providing the board and other persons authorized by the
board with onsite access to the surveillance system or
its signal.
(iii) Designate one or more restricted areas within
the licensed facility where Internet gaming activity will
be managed, administered or controlled.
(iv) Provide the board with access to the Internet
website, signal or transmission used in connection with
Internet gaming.
(v) Ensure that visibility in the designated
restricted area in the licensed facility where Internet
gaming will be managed, administered or controlled is not
obstructed in any way that could interfere with the
ability of the slot machine licensee, the board and other
persons authorized by the board or other persons
authorized under this part to oversee the surveillance of
the conduct of Internet gaming operations.
(vi) Adopt procedures for the recordation,
replication and storage of all play and transactions for
a period to be determined by the board.
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(vii) Provide statements on its Internet gaming
website about the permissible minimum and maximum wagers
for each Internet game, as applicable.
(viii) Adopt policies or procedures to prohibit any
unauthorized person from having access to Internet gaming
devices and associated equipment, including software,
system programs, hardware and any other gaming equipment
which is used to manage, administer or control Internet
gaming.
(ix) Adopt data security standards to verify the age
and location of persons engaged in Internet gaming
activity and prevent unauthorized access by any person
whose age and location have not been verified or whose
age and location cannot be verified in accordance with
regulations adopted by the board.
(x) Adopt standards to protect the privacy and
security of persons engaged in Internet gaming activity.
(xi) Collect, report and pay any and all applicable
taxes and fees and maintain all books, records and
documents related to the slot machine licensee's Internet
gaming activities in a manner and in a location within
this Commonwealth as approved by the board or the
department. All books, records and documents shall be
immediately available for inspection during all hours of
operation in accordance with the regulations of the board
and shall be maintained in a manner and during periods of
time as the board shall by regulation require.
(b) Additional authority.--
(1) At its discretion, the board may determine whether
persons that provide the following goods or services and any
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other goods or services related to Internet gaming as the
board may determine shall be required to obtain a license,
permit or other authorization:
(i) Payment processing and related money
transmitting and services.
(ii) Customer identity or age verification and
geospatial technology services.
(iii) General telecommunications services, which are
not specifically designed for or related to Internet
gaming.
(iv) Other goods or services that are not
specifically designed for use with Internet gaming if the
persons providing the goods or services are not paid a
percentage of gaming revenue or of money gambled on
Internet games or of online poker commission fees by the
slot machine licensee, not including fees to financial
institutions and payment providers for facilitating a
deposit by an Internet gaming account holder.
(2) The board shall develop a classification system for
the licensure, permitting or other authorization of persons
that provide the following goods or services related to
Internet gaming:
(i) Persons that provide Internet games and Internet
gaming devices and associated equipment.
(ii) Persons that manage, control or administer the
Internet games or the wagers associated with Internet
games.
(iii) Providers of customer lists comprised of
persons identified or selected, in whole or in part,
because they placed wagers on Internet gaming.
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§ 13B03. Temporary Internet gaming regulations.
(a) Promulgation.--
(1) In order to facilitate the prompt implementation of
this chapter, regulations promulgated by the board shall be
deemed temporary regulations which shall expire not later
than two years following the publication of the temporary
regulation in the Pennsylvania Bulletin and on the board's
Internet website.
(2) The board may promulgate temporary regulations not
subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(b) Temporary regulations.--The board shall begin publishing
temporary regulations governing the rules for Internet gaming,
the issuance of Internet gaming certificates, standards for
approving licensing of providers of Internet games, Internet
gaming devices and associated equipment, including age and
location verification software or system programs and security
and surveillance standards in the Pennsylvania Bulletin not
later than February 1, 2017.
(c) Expiration of temporary regulations.--Except for
temporary regulations governing the rules for new Internet
games, for approving Internet games, Internet gaming devices and
associated equipment and for approving providers of Internet
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games, Internet gaming devices and associated equipment, the
board's authority to adopt temporary regulations under
subsection (a) shall expire two years after the effective date
of this section. Regulations adopted after this period shall be
promulgated as provided by law.
SUBCHAPTER B
INTERNET GAMING AUTHORIZED
Sec.
13B11. Authorization to conduct Internet gaming.
13B12. Internet gaming certificate required and content of
petition.
13B13. Issuance of Internet gaming certificate.
13B14. Internet gaming certificate.
13B15. Timing of initial Internet gaming authorizations.
§ 13B11. Authorization to conduct Internet gaming.
(a) Authority of board.--
(1) The board may authorize a slot machine licensee:
(i) To conduct Internet gaming, including contests
and tournaments and any other game which is determined by
the board to be suitable for Internet gaming.
(ii) To deploy an Internet gaming website to
facilitate the conduct of Internet gaming activities.
(2) All individuals playing Internet games must be
physically located within this Commonwealth. No individual
under 21 years of age shall open, maintain, use or have
access to an Internet gaming account.
(b) Authority to play Internet games.--Notwithstanding any
other provision of law, a person in this Commonwealth who is 21
years of age or older is hereby permitted to participate as a
registered player in Internet gaming activities and wagering
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associated with playing an Internet game offered by a slot
machine licensee in this Commonwealth in accordance with
regulations of the board.
§ 13B12. Internet gaming certificate required and content of
petition.
(a) Certificate required.--No slot machine licensee or any
other person associated with or representing a slot machine
licensee shall operate or attempt to conduct Internet gaming,
except for test purposes, at a licensed facility or open
Internet gaming to the public in this Commonwealth without first
obtaining an Internet gaming certificate from the board. A slot
machine licensee may seek approval to conduct Internet gaming by
filing a petition for an Internet gaming certificate with the
board. The board shall prescribe the form and manner to govern
the submission of a petition for an Internet gaming certificate.
Not more than one Internet gaming certificate shall be issued to
operate Internet gaming within a licensed facility in this
Commonwealth.
(b) Content of petition.--In addition to information and
documentation demonstrating that the slot machine licensee is
legally and technically qualified for an Internet gaming
certificate under this chapter, a petition seeking board
approval to conduct Internet gaming within this Commonwealth
shall include the following:
(1) The name, business address and contact information
of the slot machine licensee.
(2) The name and business address, job title and a
photograph of each principal and key employee of the slot
machine licensee who will be involved in the conduct of
Internet gaming and who is not currently licensed by the
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board, if known.
(3) The name and business address, job title and a
photograph of each principal or key employee of the slot
machine licensee who will be involved in the conduct of
Internet gaming and who is currently licensed by the board.
(4) An itemized list of the Internet games and any other
game or games the slot machine licensee plans to offer over
the Internet for which authorization is being sought. The
slot machine licensee shall, in accordance with regulations
promulgated by the board, file any changes in the number of
authorized games offered through Internet gaming with the
board.
(5) The estimated number of full-time and part-time
employment positions that will be created at the licensed
facility if Internet gaming operations are authorized and an
updated hiring plan under section 1510(a) (relating to labor
hiring preferences) which outlines the slot machine
licensee's plan to promote the representation of diverse
groups and Commonwealth residents in the employment
positions.
(6) A brief description of the economic benefits
expected to be realized by the Commonwealth, its
municipalities and its residents if Internet gaming
operations are authorized.
(7) The details of any financing obtained or that will
be obtained to fund an expansion or modification of the
licensed facility to accommodate Internet gaming activities
and to otherwise fund the cost of commencing Internet gaming
operations.
(8) Information and documentation concerning financial
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background and resources, as the board may require, to
establish by clear and convincing evidence the financial
stability, integrity and responsibility of the slot machine
licensee.
(9) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the slot machine licensee has sufficient business ability and
experience to create and maintain a successful Internet
gaming operation. In making this determination, the board may
consider the results of the slot machine licensee's slot
machine and table game operations, including financial
information, employment data and capital investment.
(10) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the slot machine licensee has or will have the financial
ability to pay the Internet gaming authorization fee.
(11) Detailed site plans identifying the slot machine
licensee's proposed restricted area where Internet gaming
operations will be managed, administered or controlled within
the licensed facility as approved by the board.
(12) A detailed description of all of the following:
(i) The slot machine licensee's initial system of
internal and accounting controls applicable to Internet
gaming.
(ii) The slot machine licensee's proposed standards
to protect, with a reasonable degree of certainty, the
privacy and security of its registered players.
(iii) How the slot machine licensee will facilitate
compliance with all of the requirements set forth in this
chapter and in section 802(a) of the Unlawful Internet
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