See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 229, 1028, 1237,
1821, 1839, 1942
PRINTER'S NO. 2652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
271
Session of
2017
INTRODUCED BY ORTITAY, D. COSTA, DUNBAR, ENGLISH, KORTZ, WARD,
NELSON AND JOZWIAK, JANUARY 31, 2017
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, OCTOBER 25, 2017
AN ACT
Amending Titles 3 (Agriculture), 4 (Amusements) and 18 (Crimes
and Offenses) of the Pennsylvania Consolidated Statutes, in
race horse industry reform, repealing definitions and
provisions relating to place and manner of conducting pari-
mutuel wagering at racetrack enclosure and to pari-mutuel
wagering at nonprimary locations and further providing for
licensing costs and fees and for operations; providing for
fantasy contests, establishing a Lottery Sales Advisory
Council within the Department of Revenue and providing for
iLottery; in general provisions, further providing for
legislative intent and for definitions; in Pennsylvania
Gaming Control Board, further providing for Pennsylvania
Gaming Control Board established, for general and specific
powers, for licensed gaming entity application appeals from
board, for board minutes and records, for regulatory
authority of board, for slot machine license fee, for reports
of board and for diversity goals of board; in licensees,
further providing for Category 1 slot machine license and for
Category 3 slot machine license, providing for remaining
Category 2 licenses, further providing for number of slot
machine licenses, for slot machine license application, for
supplier licenses and for manufacturer licenses, providing
for nongaming service provider, further providing for slot
machine testing and certification standards and for license
renewals, providing for slot machine license operation fee
and further providing for change in ownership or control of
slot machine licensee; repealing provisions related to
multiple slot machine license prohibition and prohibiting
undue economic concentration; in table games, further
providing for authorization to conduct table games, for table
game tournaments, for other financial transactions, for table
game device and associated equipment testing and
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certification standards, for table game authorization fee and
for local share assessment; providing for interactive gaming,
for sports wagering, sports wagering tax and local fee
assessment and for slot machines at nonprimary locations; in
revenues, further providing for gross terminal revenue
deductions, for establishment of State Gaming Fund and net
slot machine revenue distribution and for Pennsylvania Gaming
Economic Development and Tourism Fund; 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 interests, for political influence,
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 and providing for casino liquor
licenses; in miscellaneous provisions, further providing for
appropriations and for repayments to State Gaming Fund;
providing for video gaming; establishing the Video Gaming
Fund, the Fire Company and Emergency Responder Grant Fund,
the City of the First Class Enforcement Fund, the Lottery
Stabilization Fund and the Gun Violence Task Force Fund; in
riot, disorderly conduct and related offenses, further
providing for the offense of gambling devices, gambling,
etc.; and making related repeals.
AMENDING TITLES 3 (AGRICULTURE) AND 4 (AMUSEMENTS) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, EXTENSIVELY REVISING
GAMING PROVISIONS AS FOLLOWS:
IN TITLE 3:
FOR HORSE RACING, IN THE AREA OF RACE HORSE INDUSTRY
REFORM.
IN TITLE 4:
FOR AMUSEMENTS GENERALLY, IN THE AREAS OF FANTASY
CONTESTS, OF LOTTERY AND OF ILOTTERY;
FOR GAMING, IN THE AREAS OF GENERAL PROVISIONS, OF
PENNSYLVANIA GAMING CONTROL BOARD, OF LICENSEES, OF TABLE
GAMES, OF INTERACTIVE GAMING, OF REVENUES, OF ADMINISTRATION
AND ENFORCEMENT AND OF MISCELLANEOUS PROVISIONS; AND
PROVIDING FOR VIDEO GAMING.
PROVIDING, AS TO THE REVISIONS:
FOR RELATED REPEALS.
REPEALING A PROVISION RELATED TO KENO IN THE STATE LOTTERY
LAW.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "primary market area of a
racetrack" and "secondary market of a racetrack" in section 9301
of Title 3 of the Pennsylvania Consolidated Statutes are
repealed:
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§ 9301. 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:
* * *
["Primary market area of a racetrack." The land area
included in a circle drawn with the racetrack as the center and
a radius of 35 land miles.]
* * *
["Secondary market area of a racetrack." The land area
included in a circle drawn with the racetrack as the center and
a radius of 50 land miles, not including the primary market area
of the racetrack.]
* * *
Section 1.1. Section 9330(f) of Title 3 is repealed:
§ 9330. Place and manner of conducting pari-mutuel wagering at
racetrack enclosure.
* * *
[(f) Primary market area.--
(1) A licensed racing entity or secondary pari-mutuel
organization may not accept a wager or establish electronic
wagering or advanced deposit account wagering for any person
located in the primary market area of a racetrack, other than
the racetrack at which the licensed racing entity is
conducting a horse race meeting.
(2) Nothing in this subsection shall be construed to
prohibit a licensed racing entity from accepting a wager from
or establishing an electronic wagering account for any person
located in the primary market area of the racetrack where the
licensed racing entity is conducting a horse race meeting. If
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two tracks share the primary market area, both racetracks
shall have equal rights to the market in the shared area.]
Section 1.2. Sections 9331(a)(1), (d)(4) and (e), 9352(3)
and (4) and 9356(b)(2) of Title 3 are amended to read:
§ 9331. Pari-mutuel wagering at nonprimary locations.
(a) Nonprimary locations.--The following shall apply:
(1) Notwithstanding any other provision of this chapter,
the commission may approve a licensed racing entity to
continue to operate a nonprimary location where it has
conducted pari-mutuel wagering on horse races conducted by
the licensed racing entity. The licensed racing entity may
continue to conduct pari-mutuel wagering at the location on
horse races conducted by another licensed racing entity,
which horse races may be televised to the location or on
horse races simulcast to the location under section 9329
(relating to interstate simulcasting)[, provided that:
(i) A licensed racing entity has not established a
nonprimary location within the primary market area of any
racetrack other than a racetrack where the licensed
racing entity conducts horse race meetings. Establishment
of a nonprimary location by a licensed racing entity
within the primary market area of a racetrack where the
licensed racing entity conducts horse race meetings shall
require approval of the commission.
(ii) A licensed racing entity has not established a
nonprimary location within the secondary market area of a
racetrack if the nonprimary location is approved by the
commission.
(iii) A licensed racing entity has not established a
nonprimary location in an area outside the primary and
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secondary market areas of any racetrack if the location
is approved by the commission].
* * *
(d) Payment of purses.--A licensed racing entity conducting
a horse race meeting where pari-mutuel wagering is conducted at
one or more nonprimary locations shall distribute money to the
horsemen's organization, or, in accordance with the practice of
the parties, to be used for payment of purses at that racetrack,
as follows:
* * *
[(4) Whenever a nonprimary location is within the
primary market area of a licensed racing entity other than
the licensed racing entity conducting the races, the
applicable percentage shall be distributed one-half to the
horsemen's organization at the racetrack or in accordance
with the practice of the parties.]
* * *
[(e) Other payments.--Notwithstanding any other provision of
this chapter, a nonprimary location may be established within
the primary market area of a racetrack by agreement between the
licensed racing entity and the horsemen's organization at the
racetrack specifying the total percentage of handle wagered at
the nonprimary location to be distributed to the horsemen's
organization, or, in accordance with the practice of the
parties, to be used for the payment of purses at that racetrack.
If no agreement is reached covering the locations, the total
percentage to be paid for purses shall be the same as that
applied to on-track wagering at the racetrack located within the
primary market area.]
§ 9352. Licensing costs and fees.
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Costs and fees are as follows:
* * *
(3) Initial license fee:
(i) The fee for an electronic wagering license under
section 9351(a) (relating to general license
requirements) shall be [$500,000] $50,000. If an
applicant that is also a Category 1 slot machine licensee
or its corporate successor or affiliate paid the license
fee under 4 Pa.C.S. § 1209 (relating to slot machine
license fee), the fee required under this paragraph shall
be deemed paid. A fee paid under this paragraph shall be
deposited in the State Racing Fund, or, in the case of a
deemed payment, transferred to the State Racing Fund upon
certification of the Secretary of the Budget.
(ii) The fee for an initial totalisator or racing
vendor license under section 9351(a.1) shall be $25,000
and shall be deposited in the State Racing Fund.
(4) License renewal fee:
(i) The fee for an electronic wagering license
renewal under section 9351(b)(2) shall be [$100,000]
$10,000. If an existing licensee under this section that
is also a Category 1 slot machine licensee or its
corporate successor or an affiliate paid the license fee
under 4 Pa.C.S. § 1209, the fee required under this
paragraph shall be deemed paid. A license renewal may not
be issued until receipt of the license renewal fee. The
license fee shall be deposited into the State Racing
Fund, or, in the case of a deemed payment, it shall be
transferred to the State Racing Fund.
(ii) The fee for the renewal of a totalisator or
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racing vendor license under section 9351(b)(1) shall be
$5,000 and shall be deposited in the State Racing Fund.
* * *
§ 9356. Operations.
* * *
(b) Requirements.--
* * *
(2) A licensee shall [enter into an agreement with each
licensed racing entity in this Commonwealth on whose races
the licensee offers wagering regarding payment of host fees
and any other applicable fees, costs or payments of any kind
to be paid to the licensed racing entity. The licensed racing
entity and the applicable horsemen's organization shall
negotiate a separate agreement for contributions to the purse
account.] contribute to the purse account in accordance with
section 9331(d) (relating to pari-mutuel wagering at
nonprimary locations).
* * *
Section 1.3. Title 4 is amended by adding a part to read:
PART I
AMUSEMENTS GENERALLY
Chapter
1. Preliminary Provisions (Reserved)
3. Fantasy Contests
5. Lottery
7. iLottery
CHAPTER 1
PRELIMINARY PROVISIONS
(Reserved)
CHAPTER 3
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FANTASY CONTESTS
Subchapter
A. General Provisions
B. Administration
C. Licensure
D. Fiscal Provisions
E. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
301. Scope of chapter.
302. Definitions.
§ 301. Scope of chapter.
This chapter relates to fantasy contests.
§ 302. 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:
"Board." The Pennsylvania Gaming Control Board.
"Conduct of gaming." As defined in section 1103 (relating to
definitions).
"Controlling interest." Either of the following:
(1) For a publicly traded domestic or foreign
corporation, partnership, limited liability company or other
form of publicly traded legal entity, a controlling interest
is an interest if a person's sole voting rights under State
law or corporate articles or bylaws entitle the person to
elect or appoint one or more of the members of the board of
directors or other governing board or the ownership or
beneficial holding of 5% or more of the securities of the
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publicly traded corporation, partnership, limited liability
company or other form of publicly traded legal entity, unless
this presumption of control or ability to elect is rebutted
by clear and convincing evidence.
(2) For a privately held domestic or foreign
corporation, partnership, limited liability company or other
form of privately held legal entity, a controlling interest
is the holding of securities of 15% or more in the legal
entity, unless this presumption of control is rebutted by
clear and convincing evidence.
"Department." The Department of Revenue of the Commonwealth.
"Entry fee." The cash or cash equivalent paid by a
participant to a licensed operator in order to participate in a
fantasy contest.
"Fantasy contest." An online fantasy or simulated game or
contest with an entry fee and a prize or award administered by a
licensed operator in which:
(1) The value of all prizes or awards offered to winning
participants is established and made known to participants in
advance of the contest.
(2) All winning outcomes reflect the relative knowledge
and skill of participants and are determined by accumulated
statistical results of the performance of individuals,
including athletes in the case of sports events.
(3) No winning outcome is based on the score, point
spread or performance of a single actual team or combination
of teams or solely on a single performance of an individual
athlete or player in a single actual event.
"Fantasy contest account." The formal electronic system
implemented by a licensed operator to record a participant's
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entry fees, prizes or awards and other activities related to
participation in the licensed operator's fantasy contests.
"Fantasy contest adjusted revenues." For each fantasy
contest, the amount equal to the total amount of all entry fees
collected from all participants entering the fantasy contest
minus prizes or awards paid to participants in the fantasy
contest, multiplied by the in-State percentage.
"Fantasy contest license." A license issued by the board
authorizing a person to offer fantasy contests in this
Commonwealth in accordance with this chapter.
"Fantasy contest terminal." A physical, land-based
computerized or electronic terminal or similar device that
allows participants to:
(1) register for a fantasy contest account;
(2) pay an entry fee;
(3) select athletes for a fantasy contest;
(4) receive winnings; or
(5) otherwise participate in a fantasy contest.
"Gaming service provider." As defined in section 1103.
"In-State participant." An individual who participates in a
fantasy contest conducted by a licensed operator and pays a fee
to a licensed operator from a location within this Commonwealth.
The term includes an individual who pays an entry fee through a
fantasy contest terminal within a licensed facility.
"In-State percentage." For each fantasy contest, the
percentage, rounded to the nearest tenth of a percent, equal to
the total entry fees collected from all in-State participants
divided by the total entry fees collected from all participants
in the fantasy contest.
"Key employee." An individual who is employed by an
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applicant for a fantasy contest license or a licensed operator
in a director or department head capacity and who is empowered
to make discretionary decisions that regulate fantasy contest
operations as determined by the board.
"Licensed entity representative." A person, including an
attorney, agent or lobbyist, acting on behalf of or authorized
to represent the interest of an applicant, licensee or other
person authorized by the board to engage in an act or activity
which is regulated under this chapter regarding a matter before,
or which may be reasonably be expected to come before, the
board.
"Licensed gaming entity." As defined in section 1103.
"Licensed operator." A person who holds a fantasy contest
license.
"Participant." An individual who participates in a fantasy
contest, whether the individual is located in this Commonwealth
or another jurisdiction.
"Person." A natural person, corporation, publicly traded
corporation, foundation, organization, business trust, estate,
limited liability company, licensed corporation, trust,
partnership, limited liability partnership, association or any
other form of legal business entity.
"Principal." An officer, director, person who directly holds
a beneficial interest in or ownership of the securities of an
applicant for a fantasy contest license or a licensed operator,
person who has a controlling interest in an applicant for a
fantasy contest license or a licensed operator or who has the
ability to elect a majority of the board of directors of a
licensed operator or to otherwise control a licensed operator,
lender or other licensed financial institution of an applicant
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for a fantasy contest license or a licensed operator, other than
a bank or lending institution which makes a loan or holds a
mortgage or other lien acquired in the ordinary course of
business, underwriter of an applicant for a fantasy contest
license or a licensed operator or other person or employee of an
applicant for a fantasy contest license or a licensed operator
deemed to be a principal by the board.
"Prize or award." Anything of value worth $100 or more or
any amount of cash or cash equivalents.
"Publicly traded corporation." A person, other than an
individual, that:
(1) has a class or series of securities registered under
the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C.
§ 78a et seq.);
(2) is a registered management company under the
Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
80a-1 et seq.); or
(3) is subject to the reporting obligations imposed by
section 15(d) of the Securities Exchange Act of 1934 by
reason of having filed a registration statement that has
become effective under the Securities Act of 1933 (48 Stat.
74, 15 U.S.C. § 77a et seq.).
"Script." A list of commands that a fantasy-contest-related
computer program can execute that is created by a participant or
third party not approved by the licensed operator to automate
processes on a licensed operator's fantasy contest platform.
"Season-long fantasy contest." A fantasy contest offered by
a licensed operator that is conducted over an entire sports
season.
SUBCHAPTER B
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ADMINISTRATION
Sec.
311. General and specific powers of board.
312. Temporary regulations.
313. Fantasy contest license appeals.
314. Board minutes and records.
315. Reports of board.
§ 311. General and specific powers of board.
(a) General powers.--
(1) The board shall have regulatory authority over
licensed operators, principals and key employees and shall
ensure the integrity of fantasy contests offered in this
Commonwealth in accordance with this chapter.
(2) The board may employ individuals as necessary to
carry out the requirements of this chapter, who shall serve
at the board's pleasure. An employee of the board shall be
considered a State employee for purposes of 71 Pa.C.S. Pt.
XXV (relating to retirement for State employees and
officers).
(b) Specific powers.--The board shall have the following
powers:
(1) At the board's discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance of licenses.
(2) At the board's discretion, to suspend, condition or
deny the issuance or renewal of a license or levy fines for
any violation of this chapter.
(3) To publish each January on the board's publicly
accessible Internet website a complete list of all persons
who applied for or held a fantasy contest license at any time
during the preceding calendar year and the status of the
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application or fantasy contest license.
(4) To prepare and, through the Governor, submit
annually to the General Assembly an itemized budget
consistent with Article VI of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
consisting of the amounts necessary to be appropriated by the
General Assembly out of the accounts established under
section 332 (relating to licensed operator deposits) required
to meet the obligations under this chapter accruing during
the period beginning July 1 of the following fiscal year.
(5) In the event that, in any year, appropriations for
the administration of this chapter are not enacted by June
30, any funds appropriated for the administration of this
chapter which are unexpended, uncommitted and unencumbered at
the end of a fiscal year shall remain available for
expenditure by the board until the enactment of appropriation
for the ensuing fiscal year.
(6) To promulgate rules and regulations necessary for
the administration and enforcement of this chapter. Except as
provided in section 312 (relating to temporary regulations),
regulations shall be adopted under the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, and the act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(7) To administer oaths, examine witnesses and issue
subpoenas compelling the attendance of witnesses or the
production of documents and records or other evidence or to
designate officers or employees to perform duties required by
this chapter.
(8) At the board's discretion, to delegate any of the
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board's responsibilities under this chapter to the executive
director of the board or other designated staff.
(9) To require licensed operators and applicants for a
fantasy contest license to submit any information or
documentation necessary to ensure the proper regulation of
fantasy contests in accordance with this chapter.
(10) To require licensed operators, except for a
licensed operator operating season-long fantasy contests that
generate less than $250,000 in season-long fantasy contest
adjusted revenue, unless the board determines otherwise, to:
(i) annually contract with a certified public
accountant to conduct an independent audit in accordance
with standards adopted by the American Institute of
Certified Public Accountants to verify compliance with
the provisions of this chapter and board regulations;
(ii) annually contract with a testing laboratory
approved by the board to verify compliance with the
provisions of this chapter and board regulations; and
(iii) annually submit to the board and department a
copy of the audit report required by subparagraph (i) and
submit to the board a copy of the report of the testing
laboratory required by subparagraph (ii).
(11) In conjunction with the Department of Drug and
Alcohol Programs or successor agency, to develop a process by
which licensed operators provide participants with a toll-
free telephone number that provides individuals with
information on how to access appropriate treatment services
for compulsive and problem play.
(12) To promulgate regulations regarding the placement
and operation of fantasy contest terminals within licensed
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facilities and to ensure the integrity of fantasy contest
terminals.
(b.1) Licensed entity representative.--
(1) A licensed entity representative shall register with
the board, in a manner prescribed by the board. The
registration shall include the name, employer or firm,
business address and business telephone number of both the
licensed entity representative and any licensed operator,
applicant for licensure or other person being represented.
(2) A licensed entity representative shall have an
affirmative duty to update its registration information on an
ongoing basis. Failure to update shall be punishable by the
board.
(3) The board shall maintain a list of licensed entity
representatives which shall contain the information required
under paragraph (1) and shall be available for public
inspection at the offices of the board and on the board's
publicly accessible Internet website.
(c) Exceptions.--Except as provided under section 342
(relating to licensed gaming entities), nothing in this section
shall be construed to authorize the board:
(1) To require background investigations for employees,
other than key employees and principals, of an applicant for
a fantasy contest license or a licensed operator.
(2) To require any additional permits or licenses not
specifically enumerated in this chapter.
§ 312. Temporary regulations.
(a) Promulgation.--In order to facilitate the prompt
implementation of this chapter, regulations promulgated by the
board shall be deemed temporary regulations and shall expire no
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later than two years following the effective date of this
section. The board may promulgate temporary regulations not
subject to:
(1) Sections 201, 202, 203 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(2) Section 204(b) 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 concerning
network connectivity, security and testing and compulsive and
problem play, the authority provided to the board to adopt
temporary regulations in subsection (a) shall expire no later
than two years following the effective date of this section.
Regulations adopted after this period shall be promulgated as
provided by law.
§ 313. Fantasy contest license appeals.
An applicant may appeal any final order, determination or
decision of the board involving the approval, issuance, denial,
revocation or conditioning of a fantasy contest license in
accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action).
§ 314. Board minutes and records.
(a) Record of proceedings.--The board shall maintain a
record of all proceedings held at public meetings of the board.
The verbatim transcript of the proceedings shall be the property
of the board and shall be prepared by the board upon the request
of any board member or upon the request of any other person and
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the payment by that person of the costs of preparation.
(b) Applicant information.--
(1) The board shall maintain a list of all applicants
for a fantasy contest license. The list shall include a
record of all actions taken with respect to each applicant.
The list shall be open to public inspection during the normal
business hours of the board.
(2) Information under paragraph (1) regarding an
applicant whose fantasy contest license has been denied,
revoked or not renewed shall be removed from the list after
seven years from the date of the action.
(c) Other files and records.--The board shall maintain such
other files and records as it may deem appropriate.
(d) Confidentiality of information.--
(1) The following information submitted by an applicant
for a fantasy contest license under section 322 (relating to
application) or otherwise obtained by the board 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.
(ii) Nonpublic personal information, including home
addresses, telephone numbers and other personal contact
information, Social Security numbers, educational
records, memberships, medical records, tax returns and
declarations, actual or proposed compensation, financial
account records, creditworthiness or financial condition
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relating to an applicant.
(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 that may include customer-identifying
information or customer prospects for services subject to
competition.
(iv) 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 an individual as
determined by the board.
(v) Records of an applicant for a fantasy contest
license or a licensed operator 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 Securities Exchange Act of 1934 (48
Stat. 881, 15 U.S.C. § 78o)
(vi) 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).
(vii) Financial or security information deemed
confidential by the board upon a showing of good cause by
the applicant for a fantasy contest license or licensed
operator.
(2) No claim of confidentiality may be made regarding
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any criminal history record information that is available to
the public under 18 Pa.C.S. § 9121(b) (relating to general
regulations).
(3) No claim of confidentiality shall be made regarding
any record in possession of the board that is otherwise
publicly available from a Commonwealth agency, local agency
or another jurisdiction.
(4) The information made confidential under this section
shall be withheld from public disclosure, in whole or in
part, except that any confidential information shall be
released upon the order of a court of competent jurisdiction
or, with the approval of the Attorney General, to a duly
authorized law enforcement agency or shall be released to the
public, in whole or in part, to the extent that such release
is requested by an applicant for a fantasy contest license or
licensed operator and does not otherwise contain confidential
information about another person.
(5) The board may seek a voluntary waiver of
confidentiality from an applicant for a fantasy contest
license or a licensed operator, but may not require an
applicant or licensed operator to waive any confidentiality
provided for in this subsection as a condition for the
approval of an application, renewal of a fantasy contest
license or any other action of the board.
(e) Notice.--Notice of the contents of any information,
except to a duly authorized law enforcement agency under this
section, shall be given to an applicant or licensee in a manner
prescribed by the rules and regulations adopted by the board.
(f) Information held by department.--Files, records, reports
and other information in the possession of the department
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pertaining to licensed operators shall be made available to the
board as may be necessary for the effective administration of
this chapter.
§ 315. Reports of board.
(a) General rule.--The annual report submitted by the board
under section 1211 (relating to reports of board) shall include
the following information on the conduct of fantasy contests:
(1) Total fantasy contest adjusted revenues.
(2) All taxes, fees, fines and other revenue collected
from licensed operators during the previous year. The
department shall collaborate with the board to carry out the
requirements of this section.
(3) At the board's discretion, any other information
related to the conduct of fantasy contests or licensed
operators.
(b) Licensed operators.--The board may require licensed
operators to provide information to the board to assist in the
preparation of the report.
SUBCHAPTER C
LICENSURE
Sec.
321. General prohibition.
322. Application.
323. Issuance and denial of license.
324. License renewal.
325. Conditions of licensure.
326. Prohibitions.
327. Change in ownership or control of licensed operators.
328. Penalties.
§ 321. General prohibition.
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(a) General rule.--Except as provided for in subsection (b),
no person may offer or otherwise make available for play in this
Commonwealth a fantasy contest without a fantasy contest license
issued by the board.
(b) Existing activity.--A person who applies for or renews a
fantasy contest license in accordance with this chapter may
operate during the application or renewal period unless:
(1) The board has reasonable cause to believe the person
is or may be in violation of the provisions of this chapter.
(2) The board requires the person to suspend the
operation of any fantasy contest until the license is issued
or renewed.
§ 322. Application.
(a) Form and information.--An application for a license
shall be submitted on a form and in manner as shall be required
by the board. An application for a fantasy contest license shall
contain the following information:
(1) (i) if an individual, the name, Federal employer
identification number and principal address of the
applicant;
(ii) if a corporation, the state of its
incorporation, the full name and address of each officer
and director thereof;
(iii) if a foreign corporation, whether it is
qualified to do business in this Commonwealth; and
(iv) if a partnership or joint venture, the name and
address of each officer thereof.
(2) The name and address of the person having custody of
the applicant's financial records.
(3) The names and addresses of key employees.
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(4) The names and addresses of each of the applicant's
principals.
(5) Information, documentation and assurances related to
financial and criminal history as the board deems necessary
to establish by clear and convincing evidence the financial
stability, integrity and responsibility of the applicant and
the applicant's key employees and principals.
(6) Information and documentation necessary to establish
the applicant's ability to comply with section 325 (relating
to conditions of licensure).
(7) Any other information required by the board.
(b) Nonrefundable application fee.--Each application
submitted under this chapter shall be accompanied by a
nonrefundable application fee, which shall be established by the
board, and which may not exceed the amount necessary to
reimburse the board for all costs incurred by the board for
fulfilling the requirements of this section and section 323
(relating to issuance and denial of license).
(c) Additional information.--A person applying for a fantasy
contest license shall have the continuing duty to provide
information required by the board and to cooperate in any
inquiry or investigation.
(d) Abbreviated application process.--The board, at its
discretion, may establish an abbreviated application process for
a fantasy contest license for persons that are also licensed
gaming entities. The abbreviated application may only require
information not in possession of the board that is necessary to
fulfill the requirements of this chapter.
§ 323. Issuance and denial of license.
(a) Duty to review applications.--The board shall review all
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applications for a license and shall issue a license to any
applicant that:
(1) Has submitted a completed application and paid the
nonrefundable application fee as required by the board under
section 322 (relating to application).
(2) Has demonstrated that the applicant has the
financial stability, integrity and responsibility to comply
with the provisions of this chapter and regulations
established by the board.
(3) Has not been denied a license under subsection (b).
(b) Reasons to deny applications.--The board may deny an
application for a license if the applicant:
(1) has knowingly made a false statement of material
fact or has deliberately failed to disclose any information
requested;
(2) employs a principal or key employee who has been
convicted of a felony, a crime of moral turpitude or any
criminal offense involving dishonesty or breach of trust
within 10 years prior to the date of the application for
license;
(3) has at any time knowingly failed to comply with the
provisions of this chapter or of any requirements of the
board;
(4) has had a registration, permit or license to conduct
fantasy contests denied or revoked in any other jurisdiction;
(5) has legally defaulted in the payment of any
obligation or debt due to the Commonwealth or is not
compliant with taxes due; or
(6) is not qualified to do business in this Commonwealth
or is not subject to the jurisdiction of the courts of the
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