S0444B1856A11700     VDL:BTW  06/12/12     #90        A11700

AMENDMENTS TO SENATE BILL NO. 444

Sponsor: REPRESENTATIVE P. COSTA

Printer's No. 1856

Amend Bill, page 1, lines 25 through 29; page 2, lines 1 and

2, by striking out all of said lines on said pages and inserting

 definitions and for games of chance permitted; and providing

for Major League Baseball, National Hockey League or National

Basketball Association 50/50 raffle.

Amend Bill, page 36, lines 29 and 30; pages 37 through 73,

lines 1 through 30; page 74, lines 1 through 7, by striking out

all of said lines on said pages and inserting

Section 1.  The definition of "games of chance" in section

103 of the act of December 19, 1988 (P.L.1262, No.156), known as

the Local Option Small Games of Chance Act, renumbered and

amended February 2, 2012 (P.L.7, No.2), is amended and the

section is amended by adding definitions to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"50/50 drawing."  A game in which:

(1)  A participant buys a ticket for a chance at a prize

with the winner or winners determined by a random drawing of

a corresponding ticket.

(2)  The prize paid to the winner or winners is comprised

of one-half of the proceeds from the game and the remaining

proceeds retained by the eligible organization.

* * *

"Games of chance."  Punchboards, daily drawings, weekly

drawings, 50/50 drawings, raffles, Major League Baseball,

National Hockey League or National Basketball Association 50/50

raffles and pull-tabs, as defined in this act, provided that no

such game shall be played by or with the assistance of any

mechanical or electrical devices or media other than a

dispensing machine or passive selection device and further

provided that the particular chance taken by any person in any

such game shall not be made contingent upon any other occurrence

or the winning of any other contest, but shall be determined

solely at the discretion of the purchaser. This definition shall

not be construed to authorize any other form of gambling

currently prohibited under any provision of Title 18 of the

Pennsylvania Consolidated Statutes (relating to crimes and

offenses) or authorized under 4 Pa.C.S. (relating to

amusements). Nothing in this act shall be construed to authorize

games commonly known as "slot machines" or "video poker."

* * *

"Major League Baseball, National Hockey League or National

Basketball Association 50/50 raffle."  A game of chance

conducted by a Major League Baseball, National Hockey League or

National Basketball Association team that is affiliated with a

nonprofit organization at a home game in which 50% of the money

taken in by raffle ticket sales is offered as the prize and the

remaining 50% is retained by the affiliated nonprofit

organization sponsoring the raffle.

* * *

Section 2.  Section 301 of the act, renumbered and amended

February 2, 2012 (P.L.7, No.2), is amended to read:

Section 301.  Games of chance permitted.

Every eligible organization to which a license has been

issued under the provisions of this chapter may conduct games of

chance for the purpose of raising funds for public interest

purposes. Except as provided in Chapter 5, all proceeds of a

licensed eligible organization shall be used exclusively for

public interest purposes [or], for the purchase of games of

chance [as permitted], for the payment of the license fee or for

the payment of the fee for background checks, as required by

this act. An eligible organization, except a club licensee, may

use its proceeds from games of chance to fulfill its own public

interest purpose.

Section 3. The act is amended by adding a section to read:

Section 302.1. Major League Baseball, National Hockey League or

National Basketball Association 50/50 raffle.

(a)  General rule.--A person may purchase one or more Major

League Baseball, National Hockey League or National Basketball

Association 50/50 raffle tickets, and each ticket purchased

shall represent one entry in the drawing for a winner. A single

Major League Baseball, National Hockey League or National

Basketball Association 50/50 raffle ticket shall be randomly

chosen as the winner after a certain number of tickets are sold

or a specified time period expires as designated by the

charitable organization conducting the Major League Baseball,

National Hockey League or National Basketball Association 50/50

raffle.

(b)  Frequency.--A Major League Baseball, National Hockey

League or National Basketball Association team may conduct no

more than one Major League Baseball, National Hockey League or

National Basketball Association 50/50 raffle per home game. 

(b.1)  Sales restricted.--Tickets for the Major League

Baseball, National Hockey League or National Basketball

Association 50/50 raffle may not be sold in any seating area

designated by the Major League Baseball, National Hockey League

or National Basketball Association team as a family section.

(c)  Distribution of money collected.--The prize amount for a

Major League Baseball, National Hockey League or National

Basketball Association 50/50 raffle shall be 50% of the total

money collected from the sale of Major League Baseball, National

Hockey League or National Basketball Association 50/50 raffle

tickets. The other 50% of the total money collected from the

sale of Major League Baseball, National Hockey League or

National Basketball Association 50/50 raffle tickets shall be

donated within seven days from the date of the raffle by the

charitable organization conducting the Major League Baseball,

National Hockey League or National Basketball Association 50/50

raffle to the designated charitable organization for which the

raffle was conducted.

(d)  Designated charitable organization.--The charitable

organization conducting the Major League Baseball, National

Hockey League or National Basketball Association 50/50 raffle

shall disclose to the raffle ticket purchasers the designated

charitable organization for which the Major League Baseball,

National Hockey League or National Basketball Association 50/50

raffle is being conducted.

(e)  Unclaimed prizes.--Any Major League Baseball, National

Hockey League or National Basketball Association 50/50 raffle

prize remaining unclaimed by the winner at the end of the Major

League Baseball, National Hockey League or National Basketball

Association team's season shall be donated within 30 days from

the end of the season by the charitable organization conducting

the Major League Baseball, National Hockey League or National

Basketball Association 50/50 raffle to the designated charitable

organization for which the 50/50 raffle was conducted.

(f)  Applicability of other sections.--The limitations under

sections 302, 308 and 704 shall not apply to a Major League

Baseball, National Hockey League or National Basketball

Association 50/50 raffle.

Section 4.  This act shall take effect in 60 days.