PRIOR PRINTER'S NO. 543
PRINTER'S NO. 1552
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
519
Session of
2017
INTRODUCED BY MATZIE, DEASY, DeLUCA, D. COSTA, READSHAW,
MILLARD, CALTAGIRONE, DUNBAR, WARNER, DAVIS, SANKEY, MULLERY,
NEILSON AND KORTZ, FEBRUARY 15, 2017
AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 25, 2017
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, providing for sports wagering and for powers and
duties of the Pennsylvania Gaming Control Board; imposing
penalties; and providing for sports wagering tax and local
fee assessment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 4 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 13B
SPORTS WAGERING
Subchapter
A. General Provisions
B. Sports Wagering Authorized
C. Conduct of Sports Wagering
D. Sports Wagering Taxes and Fees
E. Miscellaneous Provisions
SUBCHAPTER A
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GENERAL PROVISIONS
Sec.
13B01. Definitions.
13B02. Regulatory authority.
13B03. Temporary sports wagering regulations.
13B04. Unauthorized sports wagering.
§ 13B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certificate holder." A person to whom the board has awarded
a sports wagering certificate.
"Gross sports wagering revenue."
(1) The total of cash or cash equivalents received from
sports wagering minus the total of:
(i) Cash or cash equivalents paid to players as a
result of sports wagering.
(ii) Cash or cash equivalents paid to purchase
annuities to fund prizes payable to players over a period
of time as a result of sports wagering.
(iii) The actual cost paid by the certificate holder
for any personal property distributed to a player as a
result of sports wagering. This subparagraph does not
include travel expenses, food, refreshments, lodging or
services.
(2) The term does not include any of the following:
(i) Counterfeit cash or chips.
(ii) Coins or currency of other countries received
as a result of sports wagering, except to the extent that
the coins or currency are readily convertible to cash.
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(iii) Cash taken in a fraudulent act perpetrated
against a certificate holder for which the certificate
holder is not reimbursed.
" Sporting event." A professional or collegiate sports or
athletic event or a motor race event.
" Sports wagering." The business of accepting wagers on
sporting events or on the individual performance statistics of
athletes in a sporting event or combination of sporting events
by any system or method of wagering, including, but not limited
to, exchange wagering, parlays, over-under, moneyline, pools and
straight bets. The term does not include:
(1) Pari-mutuel betting on the outcome of thoroughbred
or harness horse racing as authorized under 3 Pa.C.S. Ch. 93
(relating to race horse industry reform).
(2) 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.
(3) Bingo as authorized under the act of July 10, 1981
(P.L.214, No.67), known as the Bingo Law.
(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.
(7) Fantasy sports contests.
" Sports wagering certificate." A certificate awarded by the
board under this chapter that authorizes a slot machine licensee
to conduct sports wagering in accordance with this chapter.
"Sports wagering device." The term includes any mechanical,
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electrical or computerized contrivance, terminal, machine or
other device, apparatus, equipment or supplies approved by the
board and used to conduct sports wagering.
§ 13B02. Regulatory authority.
The board shall promulgate regulations:
(1) Establishing standards and procedures for sports
wagering. The standards and procedures shall provide for the
conduct and implementation of sports wagering within licensed
facilities, including any new sports wagering or variations
or composites of approved sports wagering, provided that the
board determines that the new sports wagering or any
variations or composites or other approved sports wagering
are suitable for use after a test or experimental period
under the terms and conditions as the board may deem
appropriate.
(2) Establishing standards and rules to govern the
conduct of sports wagering and the system of wagering,
including the manner in which wagers are received, payouts
are remitted and point spreads, lines and odds are
determined. The board may also establish standards and rules
to govern the conduct of sports wagering and the system of
wagering as a form of interactive gaming authorized by the
Commonwealth.
(3) Establishing the method for calculating gross sports
wagering revenue and standards for the daily counting and
recording of cash and cash equivalents received in the
conduct of sports wagering, including ensuring that internal
controls are followed and how financial books and records are
maintained and audits are conducted. The board shall consult
with the department in establishing the regulations under
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this paragraph.
(4) Establishing notice requirements pertaining to
minimum and maximum wagers on sports wagering.
(5) Establishing compulsive and problem gambling
standards pertaining to sports wagering consistent with this
part.
(6) Establishing standards prohibiting persons under 21
years of age from participating in sports wagering.
(7) Providing information pertaining to sports wagering
in the board's annual report required under section 1211(a.1)
(relating to reports of board).
(8) Requiring each certificate holder to:
(i) Provide written information about sports
wagering rules, payouts or winning wagers and other
information as the board may require.
(ii) Provide specifications approved by the board
under section 1207(11) (relating to regulatory authority
of board) to integrate and update the licensed facility's
surveillance system to cover all areas where sports
wagering is conducted. The specifications shall include
provisions providing the board and other persons
authorized by the board with onsite access to the system
or its signal.
(iii) Designate one or more locations within the
licensed facility of the certificate holder to conduct
sports wagering.
(iv) Ensure that visibility in the licensed facility
of the certificate holder is not obstructed in any way
that could interfere with the ability of the certificate
holder, the board and other persons authorized under this
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part or by the board to oversee the surveillance of the
conduct of sports wagering.
(v) Integrate the licensed facility's count room to
ensure maximum security of the counting and storage of
cash and cash equivalents.
(vi) Equip each designated location within the
licensed facility providing sports wagering with a sign
indicating the permissible sports wagering minimum and
maximum wagers.
(vii) Ensure that no person under 21 years of age
participates in sports wagering.
§ 13B03. Temporary sports wagering regulations.
(a) Promulgation.--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 regulations. The board may promulgate temporary
regulations not subject to:
(1) 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.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--Except for temporary regulations governing
the rules of new sports wagering approved by the board, the
board's authority to adopt temporary regulations under
subsection (a) shall expire two years after the effective date
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of this section. Regulations adopted after this period shall be
promulgated as provided by law.
§ 13B04. Unauthorized sports wagering.
(a) Offense defined.--
(1) It shall be unlawful for any person to willfully and
knowingly operate, carry on, offer or expose for play any
sports wagering or to accept a bet or wager associated with
sports wagering from any person physically located in this
Commonwealth at the time of play that is not within the scope
of a valid and current sports wagering certificate issued by
the board under this chapter or by another state, territory
or possession of the United States with which the
Commonwealth has a sports wagering agreement.
(2) It shall be unlawful for any person to willfully and
knowingly provide services with respect to any sports
wagering or bet or wager specified in paragraph (1).
(b) Grading of offense.--A person who violates subsection
(a) commits a misdemeanor of the first degree. For a second or
subsequent violation of subsection (a), a person commits a
felony of the second degree.
(c) Penalties.--
(1) For a first violation of subsection (a), a person
shall be sentenced to pay a fine of:
(i) not less than $75,000 nor more than $150,000, if
the person is an individual;
(ii) not less than $150,000 nor more than $300,000,
if the person is a licensed manufacturer or supplier; or
(iii) not less than $300,000 nor more than $600,000,
if the person is a licensed gaming entity.
(2) For a second or subsequent violation of subsection
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(a), a person shall be sentenced to pay a fine of:
(i) not less than $150,000 nor more than $300,000,
if the person is an individual;
(ii) not less than $300,000 nor more than $600,000,
if the person is a licensed manufacturer or supplier; or
(iii) not less than $600,000 nor more than
$1,200,000, if the person is a licensed gaming entity.
(d) Forfeiture.--If a person engages in sports wagering from
a location in which the activity is unauthorized, the person
shall forfeit all entitlement to any winnings and the money
associated with any forfeited winnings shall be deposited into
the Compulsive and Problem Gambling Treatment Fund established
under section 1509(b) (relating to compulsive and problem
gambling program).
(e) Tax liability.--
(1) An unlicensed person who offer s sports wagering to
persons in this Commonwealth shall be liable for all taxes
required by this chapter in the same manner and amounts as if
the person were a licensee.
(2) Timely payment of the taxes may not constitute a
defense to any prosecution or other proceeding in connection
with unauthorized sports wagering, except for a prosecution
or proceeding alleging failure to make such payment.
SUBCHAPTER B
SPORTS WAGERING AUTHORIZED
Sec.
13B11. Authorization to conduct sports wagering.
13B12. Petition requirements.
13B13. Standard for review of petitions.
13B14. Award of certificate.
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13B15. Sports wagering certificate.
13B16. Sports wagering by suppliers and manufacturers.
§ 13B11. Authorization to conduct sports wagering.
(a) Persons who may be authorized.--
(1) (i) The board may authorize a slot machine licensee
to conduct sports wagering and to operate a system of
wagering associated with the conduct of sports wagering
at the slot machine licensee's licensed facility, a
temporary facility authorized under section 13B21(b)
(relating to authorized locations for operation) or an
area authorized under section 13B21(c).
(ii) Authorization shall be contingent upon the slot
machine licensee's agreement to ensure that sports
wagering will be conducted in accordance with this part
and any other conditions established by the board.
(iii) Nothing in this part shall be construed to
create a separate license governing the conduct of sports
wagering by slot machine licensees within this
Commonwealth.
(2) The board may authorize a sports wagering
certificate holder to conduct sports wagering and to operate
a system of wagering associated with the conduct of sports
wagering as a form of interactive gaming authorized by the
Commonwealth.
(3) (i) Except as provided in this part, all
individuals wagering on sporting events through
authorized sports wagering must be physically located
within this Commonwealth or within a state or
jurisdiction with which the board has entered a sports
wagering agreement.
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(ii) No individual under 21 years of age may make a
wager or bet on sporting events through authorized sports
wagering or have access to the designated area of the
licensed facility authorized to host sports wagering.
(b) Federal authorization.--
(1) The Secretary of the Commonwealth shall, when
Federal law is enacted or repealed or a Federal court
decision is filed that affirms the authority of a state to
regulate sports wagering, publish a notice in the
Pennsylvania Bulletin certifying the enactment or repeal or
the filing of the decision.
(2) The board may not authorize the conduct of sports
wagering in this Commonwealth until the notice is published
as prescribed in paragraph (1).
§ 13B12. Petition requirements.
(a) General rule.--Unless otherwise prohibited under section
13A13 (relating to prohibitions), a slot machine licensee may
seek approval to conduct sports wagering by filing a petition
with the board.
(b) Petition contents.--A petition seeking authorization to
conduct sports wagering shall include the following:
(1) The name, business address and contact information
of the petitioner.
(2) The name, business address, job title and a
photograph of each principal and key employee of the
petitioner who will be involved in the conduct of sports
wagering and who is not currently licensed by the board, if
known.
(3) A brief description of the economic benefits
expected to be realized by the Commonwealth, its
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municipalities and its residents if sports wagering is
authorized at the petitioner's licensed facility.
(4) The details of any financing obtained or that will
be obtained to fund an expansion or modification of the
licensed facility to accommodate sports wagering and to
otherwise fund the cost of commencing sports wagering.
(5) Information and documentation concerning financial
background and resources, as the board may require, to
establish by clear and convincing evidence the financial
stability, integrity and responsibility of the petitioner.
(6) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the petitioner has sufficient business ability and experience
to create and maintain a successful sports wagering
operation. In making this determination, the board may
consider the performance of the petitioner's slot machine and
table game operation, including financial information,
employment data and capital investment.
(7) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the petitioner has or will have the financial ability to pay
the authorization fee under section 13B61 (relating to sports
wagering authorization fee).
(8) Detailed site plans identifying the petitioner's
proposed sports wagering area within the licensed facility.
(9) Other information as the board may require.
(c) Confidentiality.--Information submitted to the board
under subsection (b)(4), (5), (6), (7) and (8) may be considered
confidential by the board if the information would be
confidential under section 1206(f) (relating to board minutes
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and records).
§ 13B13. Standard for review of petitions.
(a) General rule.--The board shall approve a petition if the
petitioner establishes, by clear and convincing evidence, all of
the following:
(1) The petitioner's slot machine license is in good
standing with the board.
(2) The conduct of sports wagering at the petitioner's
licensed facility will have a positive economic impact on the
Commonwealth, its municipalities and residents through
increased revenues and employment opportunities.
(3) The petitioner possesses adequate funds or has
secured adequate financing to:
(i) Fund any necessary expansion or modification of
the petitioner's licensed facility to accommodate the
conduct of sports wagering.
(ii) Pay the authorization fee in accordance with
section 13B61 (relating to sports wagering authorization
fee).
(iii) Commence sports wagering operations at its
licensed facility.
(4) The petitioner has the financial stability,
integrity and responsibility to conduct sports wagering.
(5) The petitioner has sufficient business ability and
experience to create and maintain a successful sports
wagering operation.
(6) The petitioner's proposed internal and external
security and proposed surveillance measures within the area
of the licensed facility where the petitioner seeks to
conduct sports wagering are adequate.
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(7) The petitioner has satisfied the petition
application requirements and provided any other information
required by section 13B12(b) (relating to petition
requirements).
(b) Timing of approval.--The board shall approve or deny a
petition within 90 days following receipt of the petition.
§ 13B14. Award of certificate.
(a) General rule.--Upon approval of a petition, the board
shall award a sports wagering certificate to the petitioner. The
award of a sports wagering certificate prior to the payment in
full of the authorization fee required by section 13B61
(relating to sports wagering authorization fee) shall not
relieve the petitioner from complying with the provisions of
section 13B61.
(b) Statement of conditions.--Upon awarding a sports
wagering operation certificate, the board shall amend the slot
machine licensee's statement of conditions pertaining to the
requirements of this chapter.
(c) Term of sports wagering certificate.--Subject to the
power of the board to deny, revoke or suspend a sports wagering
certificate issued in accordance with the requirements of this
section, a sports wagering certificate shall be renewed every
five years and shall be subject to the requirements of section
1326 (relating to license renewals).
§ 13B15. Sports wagering certificate.
The following shall apply:
(1) A sports wagering certificate shall be in effect
unless:
(i) suspended or revoked by the board consistent
with the requirements of this part;
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(ii) the slot machine license held by the
certificate holder is suspended, revoked or not renewed
by the board consistent with the requirements of this
part; or
(iii) the certificate holder relinquishes or does
not seek renewal of its slot machine license.
(2) A certificate holder that fails to abide by this
chapter or any condition contained in the slot machine
licensee's statement of conditions governing the conduct of
sports wagering shall be subject to board-imposed
administrative sanctions or other penalties authorized under
this part.
§ 13B16. Sports wagering by suppliers and manufacturers.
(a) Suppliers.--A person that sells, leases, offers or
otherwise provides, distributes or services any sports wagering
device or associated equipment for use or operation in this
Commonwealth for sports wagering purposes shall be licensed by
the board under section 1317 (relating to supplier licenses) and
shall be subject to application and licensure fees and fines as
prescribed under section 1208 (relating to collection of fees
and fines), as determined by the board.
(b) Manufacturers.--A person who manufactures, builds,
rebuilds, fabricates, assembles, produces, programs, designs or
otherwise makes modifications to any sports wagering device or
associated equipment for use or operation in this Commonwealth
for sports wagering purposes shall be licensed by the board
under section 1317.1 (relating to manufacturer licenses) and
shall be subject to application and licensure fees and fines as
prescribed under section 1208, as determined by the board.
SUBCHAPTER C
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CONDUCT OF SPORTS WAGERING
Sec.
13B21. Authorized locations for operation.
13B22. Commencement of sports wagering operations.
13B23. Condition of continued operation.
13B24. Key employees and occupation permits.
13B25. Application of Clean Indoor Air Act.
13B26. Application of Liquor Code.
§ 13B21. Authorized locations for operation.
(a) Restriction.--A certificate holder may only be permitted
to conduct sports wagering at the licensed facility, a temporary
facility authorized under subsection (b) or an area authorized
under subsection (c).
(b) Temporary facilities.--The board may permit a
certificate holder to conduct sports wagering at a temporary
facility that is physically connected to, attached to or
adjacent to a licensed facility for a period not to exceed 24
months.
(c) Powers and duties of board.--
(1) Upon request made by a certificate holder, the board
may determine the suitability of a Category 1 licensed gaming
entity that is also a licensed racing entity authorized to
conduct pari-mutuel wagering at nonprimary locations under 3
Pa.C.S. Ch. 93 (relating to race horse industry reform) to
conduct sports wagering at nonprimary locations.
(2) No certificate holder may be approved to conduct
sports wagering in a nonprimary location unless the areas are
equipped with adequate security and surveillance equipment to
ensure the integrity of the conduct of sports wagering.
(3) An authorization granted under this subsection may
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not:
(i) Impose any criteria or requirements regarding
the contents or structure of a nonprimary location that
are unrelated to the conduct of sports wagering.
(ii) Authorize the placement or operation of slot
machines or table games in a nonprimary location.
§ 13B22. Commencement of sports wagering operations.
No certificate holder may operate or offer sports wagering
until the board determines that:
(1) The certificate holder is in compliance with the
requirements of this part.
(2) The certificate holder is prepared in all respects
to offer sports wagering play to the public at the licensed
facility.
(3) The certificate holder has implemented necessary
internal and management controls and security arrangements
and surveillance systems for the conduct of sports wagering.
(4) The certificate holder is in compliance with or has
complied with section 13B61 (relating to sports wagering
authorization fee).
(5) Other conditions as the board may require to
implement the conduct of sports wagering.
§ 13B23. Condition of continued operation.
As a condition of continued operation, a certificate holder
shall agree to maintain all books, records and documents
pertaining to sports wagering in a manner and location within
this Commonwealth as approved by the board. All books, records
and documents related to sports wagering shall be:
(1) segregated by separate accounts within the
certificate holder's books, records and documents, except for
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any books, records or documents that are common to slot
machine, table game and sports wagering operations;
(2) immediately available for inspection upon request of
the board, the bureau, the department, the Pennsylvania State
Police or the Attorney General, or agents thereof, during all
hours of operation of the certificate holder in accordance
with regulations promulgated by the board; and
(3) maintained for a period as the board, by regulation,
may require.
§ 13B24. Key employees and occupation permits.
Nothing in this part shall be construed to require any
individual who holds a principal license, a key employee license
or a gaming employee occupation permit under Chapter 13
(relating to licensees) to obtain a separate license or permit
to be employed in a certificate holder's sports wagering
operation authorized under this chapter.
§ 13B25. Application of Clean Indoor Air Act.
For the purpose of section 3(b)(11) of the act of June 13,
2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the
term "gaming floor" shall include the areas of any facility
where the certificate holder is authorized to conduct sports
wagering, except such areas off the gaming floor where contests
or tournaments are conducted unless smoking is otherwise
permitted in such areas.
§ 13B26. Application of Liquor Code.
The provisions of section 493(24)(ii) of the act of April 12,
1951 (P.L.90, No.21), known as the Liquor Code, shall also apply
to sports wagering.
SUBCHAPTER D
SPORTS WAGERING TAXES AND FEES
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Sec.
13B61. Sports wagering authorization fee.
13B62. Sports wagering tax.
13B63. Local share assessment.
13B64. Compulsive and problem gambling.
§ 13B61. Sports wagering authorization fee.
(a) Amount.-- Each slot machine licensee that is issued a
sports wagering certificate to conduct sports wagering in
accordance with section 13B11 (relating to authorization to
conduct sports wagering) shall pay a one-time nonrefundable
authorization fee in the amount of $5,000,000.
(b) Payment of fee.--A slot machine licensee shall remit the
authorization fee under subsection (a) to the board within 60
days of the approval of a petition to conduct sports wagering.
The board may allow the fee to be paid in installments, provided
all installments are paid within the 60-day period. In that
event, the board and the slot machine licensee shall enter into
a written agreement setting forth the terms of payment. Sports
wagering may not be conducted until the fee under subsection (a)
is paid in full.
(c) Renewal fee.--Notwithstanding any other provision of
this chapter, a slot machine licensee that is issued a sports
wagering certificate shall pay a renewal fee in the amount of
$250,000 upon the renewal of its sports wagering certificate in
accordance with sections 1326 (relating to license renewals) and
13B14(c) (relating to award of certificate).
(d) Failure to pay by deadline.--If a petitioner or
certificate holder fails to pay the required authorization fee
in full within the 60-day time period, the board shall impose a
penalty and may grant the petitioner or certificate holder up to
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a six-month extension to pay the authorization fee or any
remaining portion of the authorization fee and the penalty.
(e) Suspension of certificate.--The board shall suspend the
sports wagering certificate if the certificate holder fails to
pay the total authorization fee and the penalty prior to the
expiration of an extension period granted under subsection (d).
The suspension shall remain in effect until final payment is
made.
(f) Deposit of fees.--Notwithstanding section 1208 (relating
to collection of fees and fines), all sports wagering
authorization fees or penalties received by the board under this
subchapter, all sports wagering device and associated equipment
manufacturer and supplier license fees, all sports wagering
device or associated equipment manufacturer and supplier renewal
fees and all fees for licenses issued under Chapter 16 (relating
to junkets) shall be deposited into the General Fund.
§ 13B62. Sports wagering tax.
(a) Imposition.--Each certificate holder shall report to the
department and pay from its daily gross sports wagering revenue,
on a form and in the manner prescribed by the department, a tax
of 16% of its daily gross sports wagering revenue.
(b) Deposits and distributions.--
(1) The tax imposed under subsection (a) shall be
payable to the department on a weekly basis and shall be
based upon gross sports wagering revenue derived during the
previous week.
(2) All funds owed to the Commonwealth under this
section shall be held in trust for the Commonwealth by the
certificate holder until the funds are paid to the
department. Unless otherwise agreed to by the board, a
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certificate holder shall establish a separate bank account
into which gross sports wagering revenue shall be deposited
and maintained until such time as the funds are paid to the
department under this section or paid into the fund under
section 13B63(a) (relating to local share assessment).
(3) The tax imposed under subsection (a) shall be
deposited into the General Fund.
§ 13B63. Local share assessment.
(a) Required payment.--In addition to the tax imposed under
section 13B62 (relating to sports wagering tax), each
certificate holder shall pay on a weekly basis, on a form and in
the manner prescribed by the department, a local share
assessment into a restricted receipts account established within
the fund. All money owed under this section shall be held in
trust by the certificate holder until the money is paid into the
restricted account. Funds in the restricted account are hereby
appropriated to the department on a continuing basis for the
purposes set forth under this section.
(b) Distributions.--Except as provided under subsection (c),
the department shall make quarterly distributions from the local
share assessments deposited into the restricted account to
counties, including home rule counties, and to municipalities,
including home rule municipalities, hosting a licensed facility
authorized to conduct sports wagering in the following manner:
(1) Fifty percent of the local share assessment under
subsection (a) shall be added to and distributed with the
funds distributed under this subsection.
(2) Fifty percent of the local share assessment under
subsection (a) shall be added to and distributed with the
funds distributed under subsection (c).
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(c) Nonprimary locations.--For sports wagering conducted at
nonprimary locations, the local share assessment imposed under
subsection (a) shall be distributed as follows:
(1) Fifty percent to the county in which the nonprimary
location is located.
(2) Fifty percent to the municipality in which the
nonprimary location is located.
(B) DISTRIBUTIONS.--THE DEPARTMENT SHALL MAKE QUARTERLY
DISTRIBUTIONS FROM THE LOCAL SHARE ASSESSMENTS DEPOSITED INTO
THE RESTRICTED ACCOUNT UNDER SUBSECTION (A) TO COUNTIES,
INCLUDING HOME RULE COUNTIES, AND TO MUNICIPALITIES, INCLUDING
HOME RULE MUNICIPALITIES, IN ACCORDANCE WITH THE FOLLOWING:
(1) FOR SPORTS WAGERING CONDUCTED AT LICENSED
FACILITIES, THE LOCAL SHARE ASSESSMENT SHALL BE DISTRIBUTED
AS FOLLOWS:
(I) FIFTY PERCENT TO THE COUNTY IN WHICH THE
LICENSED FACILITY IS LOCATED.
(II) FIFTY PERCENT TO THE MUNICIPALITY IN WHICH THE
LICENSED FACILITY IS LOCATED.
(2) FOR SPORTS WAGERING CONDUCTED AT NONPRIMARY
LOCATIONS, THE LOCAL SHARE ASSESSMENT SHALL BE DISTRIBUTED AS
FOLLOWS:
(I) FIFTY PERCENT TO THE COUNTY IN WHICH THE
NONPRIMARY LOCATION IS LOCATED.
(II) FIFTY PERCENT TO THE MUNICIPALITY IN WHICH THE
NONPRIMARY LOCATION IS LOCATED.
(d) (C) 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:
"Local share assessment." Two percent of a certificate
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holder's daily gross sports wagering revenue.
§ 13B64. Compulsive and problem gambling.
The following shall apply:
(1) Each year, from the tax imposed under section 13B62
(relating to sports wagering tax), $2,000,000 or an amount
equal to 0.002 multiplied by the total gross sports wagering
revenue of all active and operating sports wagering
certificate holders, whichever is greater, shall be
transferred into the Compulsive and Problem Gambling
Treatment Fund established under section 1509 (relating to
compulsive and problem gambling program).
(2) Each year, from the tax imposed under section 13B62,
$2,000,000 or an amount equal to 0.002 multiplied by the
total gross sports wagering revenue of all active and
operating sports wagering certificate holders, whichever is
greater, shall be transferred to the Department of Health to
be used for drug and alcohol addiction treatment services,
including treatment for drug and alcohol addiction related to
compulsive and problem gambling, as set forth under section
1509.1 (relating to drug and alcohol treatment).
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.
13B71. Criminal activity.
§ 13B71. Criminal activity.
Sports wagering conducted by a certificate holder in
accordance with this chapter shall not constitute a criminal
activity under 18 Pa.C.S. § 5514 (relating to pool selling and
bookmaking).
Section 2. This act shall take effect in 60 days.
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