PRINTER'S NO. 177
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
211
Session of
2021
INTRODUCED BY DeLUCA, SANCHEZ, VITALI, FREEMAN, HOWARD, CIRESI,
MADDEN, ZABEL, WEBSTER AND PISCIOTTANO, JANUARY 22, 2021
REFERRED TO COMMITTEE ON HEALTH, JANUARY 22, 2021
AN ACT
Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
act regulating smoking in this Commonwealth; imposing powers
and duties on the Department of Health and local boards of
health; providing penalties; preempting local action; and
making a related repeal," further providing for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(b)(11) of the act of June 13, 2008
(P.L.182, No.27), known as the Clean Indoor Air Act, is amended
to read:
Section 3. Prohibition.
* * *
(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
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[(11) Unless otherwise increased under this paragraph,
25% of the gaming floor at a licensed facility. No earlier
than 90 days following the effective date of this section or
the date of commencement of slot machine operations at a
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licensed facility, whichever is later, a licensed facility
shall request a report from the Department of Revenue that
analyzes the gross terminal revenue per slot machine unit in
operation at the licensed facility within the 90-day period
preceding the request. If the report shows that the average
gross terminal revenue per slot machine unit in the
designated smoking area equals or exceeds the average gross
terminal revenue per slot machine unit in the designated
nonsmoking area, the licensed facility may increase the
designated smoking area of the gaming floor in proportion to
the percentage difference in revenue. A licensed facility may
request this report from the Department of Revenue on a
quarterly basis and may increase the designated smoking area
of the gaming floor accordingly. At no time may the
designated smoking area exceed 50% of the gaming floor. The
board shall have jurisdiction to verify the gross terminal
revenues included in the report to ensure compliance with the
requirements under this paragraph. Movement of the licensed
facility from a temporary facility to a permanent facility
shall not require the licensed facility to revert to the
minimum percentage set forth under this paragraph.]
* * *
Section 2. This act shall take effect immediately.
20210HB0211PN0177 - 2 -
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