THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY P. COSTA, YOUNGBLOOD, BRENNAN, V. BROWN, BURNS, CALTAGIRONE, CARROLL, D. COSTA, DALEY, DEASY, DeLUCA, GERGELY, HORNAMAN, W. KELLER, KORTZ, MAHONEY, MANN, MATZIE, MILLARD, MIRABITO, MOUL, WHITE, FABRIZIO, RAVENSTAHL AND STEPHENS, NOVEMBER 17, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 2012   

AN ACT

Amending the act of December 19, 1988 (P.L.1262, No.156),

entitled, as amended, "An act providing for the licensing of

eligible organizations to conduct games of chance, for the

licensing of persons to distribute games of chance, for the

registration of manufacturers of games of chance, and for

suspensions and revocations of licenses and permits;

requiring records; providing for local referendum by

electorate; and prescribing penalties," further providing for

definitions; and providing for Major League Baseball or, 

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National Hockey League or National Basketball Association

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50/50 raffle raffles; and further providing for licensing of

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eligible organizations to conduct games of chance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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 6 2, 2012 (P.L.7, No.2), is amended and the

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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 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. 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.

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

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

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National Hockey League or National Basketball Association 50/50

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raffles, selective raffles and pull-tabs, as defined in this

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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."

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"Major League Baseball or, National Hockey League or National

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

conducted by a Major League Baseball or, National Hockey League 

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or National Basketball Association team that is affiliated with

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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.

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"Selective raffle."  A game in which a participant buys a

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ticket or tickets for a chance to win a donated prize. The

participant places his or her ticket or tickets in a designated

location for the price which he or she would like to win. The

winner for each prize is determined by a random drawing of

tickets with a corresponding number for the prize.

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Section 2.  The act is amended by adding a section to read:

Section 302.1.  Major League Baseball or, National Hockey League 

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or National Basketball Association 50/50 raffle.

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

League Baseball or, National Hockey League or National

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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 or, National Hockey League or

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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 or, 

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National Hockey League or National Basketball Association 50/50

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raffle.

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

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League or National Basketball Association team shall conduct

only one Major League Baseball, National Hockey League or

National Basketball Association 50/50 raffle per home game.

There shall be no limit on the number of times a Major League

Baseball or, National Hockey League or National Basketball

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Association 50/50 raffle may be conducted during the course of a

Major League Baseball or, National Hockey League or National

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Basketball Association season.

(b.1)  Sales restricted.--Tickets for the major league

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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 or National Hockey

League team as a family section.

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

Major League Baseball or, National Hockey League or National

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

money collected from the sale of Major League Baseball or, 

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National Hockey League or National Basketball Association 50/50

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

the sale of Major League Baseball or, National Hockey League or

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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 or, 

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National Hockey League or National Basketball Association 50/50

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raffle to the designated charitable organization for which the

raffle was conducted.

(d)  Designated charitable organization.--The charitable

organization conducting the Major League Baseball or, National

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Hockey League or National Basketball Association 50/50 raffle

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shall disclose to the raffle ticket purchasers the designated

charitable organization for which the Major League Baseball or, 

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National Hockey League or National Basketball Association 50/50

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raffle is being conducted.

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

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National Hockey League or National Basketball Association 50/50

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

Major League Baseball or, National Hockey League or National

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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 or, National Hockey League 

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or National Basketball Association 50/50 raffle to the

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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 or, National Hockey League or National Basketball

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Association 50/50 raffle.

Section 2.1.  Section 307(h) of the act, renumbered and

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

Section 307.  Licensing of eligible organizations to conduct

games of chance.

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(h)  Background checks.--[Each]

(1)  Except as set forth in paragraph (2), each 

application for a license shall include the results of a

criminal history record information check obtained from the

Pennsylvania State Police, as defined in 18 Pa.C.S. § 9102

(relating to definitions) and permitted by 18 Pa.C.S. §

9121(b) (relating to general regulations), for the executive

officer and secretary of the eligible organization making the

application for a license or any other person required by the

department.

(2)  Paragraph (1) does not apply as follows:

(i)  An application submitted by an eligible

organization that is not a club, shall not be required to

include the results of a criminal history record

information check if the application includes an

affidavit executed by the eligible organization's

executive officer affirming that, if granted a license,

the eligible organization does not anticipate that the

organization's total small games of chance revenue will

exceed $2,500 during the period for which the license is

valid. The department shall prescribe an affidavit form

for this purpose and make the form available to licensing

authorities.

(ii)  If, following the issuance of a license to an

eligible organization under subparagraph (i), the

eligible organization's total small games of chance

revenue receipts surpass $2,500 during the period for

which the license was valid, the eligible organization

shall:

(A)  within 180 days of surpassing the specified

amount, provide the issuing authority with the

results of a criminal history record information

check for its executive officer and secretary which

meets the requirements of paragraph (1); and

(B)  when it next applies for licensure, comply

with paragraph (1).

Section 3.  This act shall take effect in 60 days.