Regular Session 2021-2022 Senate Bill 0243 P.N. 0688

PRIOR PRINTER'S NO. 223

PRINTER'S NO. 688

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

243

Session of

2021

INTRODUCED BY PITTMAN, BROOKS, BARTOLOTTA, MARTIN, ARGALL,

J. WARD, PHILLIPS-HILL, BOSCOLA, DiSANTO, AUMENT, MASTRIANO,

MENSCH, SCHWANK, TARTAGLIONE, REGAN, DUSH, FONTANA, LAUGHLIN,

COLLETT AND BREWSTER, FEBRUARY 22, 2021

SENATOR YUDICHAK, COMMUNITY, ECONOMIC AND RECREATIONAL

DEVELOPMENT, AS AMENDED, APRIL 28, 2021

AN ACT

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

entitled "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," in games of chance,

providing for games of chance operations during disaster

emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of December 19, 1988 (P.L.1262, No.156),

known as the Local Option Small Games of Chance Act, is amended

by adding a section to read:

Section 309. Games of chance operations during disaster

emergency.

(a) General rule.--Notwithstanding the provisions of section

307(b.2), during a disaster emergency, a licensed eligible

organization may:

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(1) conduct games of chance through a publicly

accessible Internet website, social media platform or mobile

application; and

(2) accept electronic payment via credit card, debit

card, mobile electronic payment application or other

electronic payment methods for playing games of chance under

paragraph (1). The licensed eligible organization shall

verify that the purchaser using an electronic payment method

is:

(i) 18 years of age or older; and

(ii) a resident of this Commonwealth.

(b) Prize disbursement.--A winner of a game of chance

conducted under subsection (a) must claim the prize at the

licensed eligible organization's operating site or other

authorized premises. Prize winnings may not be distributed via

United States mail, electronically or via any other messaging

service. Prior to disbursing a prize, a licensed eligible

organization must verify in person the winner's age and

residency as provided under subsection (a)(2).

emergency" means the proclamation of disaster emergency issued

by the Governor on March 6, 2020, published at 50 Pa.B. 1644

(March 21, 2020), and any renewal of the state of disaster

emergency.

(A) OPERATIONS.--NOTWITHSTANDING THE PROVISIONS OF SECTION

307(B.2), DURING THE COVID-19 DISASTER EMERGENCY OR UNTIL MAY 1,

2022, WHICHEVER IS LATER, A LICENSED ELIGIBLE ORGANIZATION MAY

CONDUCT AND REVEAL THE WINNER OF RAFFLES AND DRAWINGS VIA AN

INTERNET-BASED CONFERENCING SOFTWARE APPLICATION IN A MANNER

OTHERWISE IN ACCORDANCE WITH THIS CHAPTER.

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(B) RAFFLES AND DRAWINGS.--THE FOLLOWING SHALL APPLY TO A

RAFFLE OR DRAWING AUTHORIZED UNDER SUBSECTION (A):

(1) A LICENSED ELIGIBLE ORGANIZATION MAY ACCEPT PAYMENT

VIA A MOBILE PAYMENT SERVICE FOR THE CONDUCT OR OPERATION OF

THE RAFFLE OR DRAWING IN ACCORDANCE WITH SUBSECTION (C). AN

ELIGIBLE ORGANIZATION MAY NOT ACCEPT CREDIT CARDS FOR THE

CONDUCT OR OPERATION OF THE RAFFLE OR DRAWING.

(2) AN ELIGIBLE ORGANIZATION MAY ONLY USE AN INTERNET-

BASED CONFERENCING SOFTWARE APPLICATION IN THE CONDUCT OF THE

RAFFLE OR DRAWING LIMITED TO THE REVEAL OF THE WINNER OF THE

RAFFLE OR DRAWING.

(3) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE OR DISPLAY ANIMATION IN IDENTIFYING THE WINNER.

(4) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE OR DISPLAY MOVING OR STILL IMAGES IN IDENTIFYING

THE WINNER.

(5) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE, MAKE OR DISPLAY A GRAPHIC PRESENTATION IN

IDENTIFYING THE WINNER.

(6) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE OR BE COMPLETED WITH THE AID OF A SLOT MACHINE,

HYBRID SLOT MACHINE OR SKILL SLOT MACHINE AS DEFINED IN 4

PA.C. S. § 1103 (RELATING TO DEFINITIONS).

(7) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE OR BE COMPLETED WITH THE AID OF A VIDEO GAMING

TERMINAL AS DEFINED IN 4 PA.C.S. § 3102 (RELATING TO

DEFINITIONS).

(8) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING

MAY NOT USE OR BE COMPLETED WITH THE AID OF AN ELECTRONIC

VIDEO MONITOR OR SIMULATED GAMBLING PROGRAM AS DEFINED IN 18

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PA.C.S. § 5513(F) (RELATING TO GAMBLING DEVICES, GAMBLING,

ETC.).

PAYMENT SERVICE UNDER SUBSECTION (B)(1) FOR THE CONDUCT OR

OPERATION OF THE RAFFLE OR DRAWING, A LICENSED ELIGIBLE

ORGANIZATION SHALL TAKE THE FOLLOWING ACTIONS:

(1) EMPLOY A MECHANISM TO DETECT THE PHYSICAL LOCATION

OF A PARTICIPANT WHO BUYS A TICKET FOR THE RAFFLE OR DRAWING

AND BLOCK AN INDIVIDUAL LOCATED OUTSIDE OF THIS COMMONWEALTH

FROM PARTICIPATING IN A RAFFLE OR DRAWING. THE ELIGIBLE

ORGANIZATION MAY NOT ACCEPT PAYMENT FROM AN INDIVIDUAL

LOCATED OUTSIDE OF THIS COMMONWEALTH.

(2) EMPLOY A MECHANISM TO VERIFY A PARTICIPANT'S

IDENTITY AND RECORD THE DOCUMENT NUMBER OF THE PARTICIPANT'S

GOVERNMENT-ISSUED CREDENTIAL OR EMPLOY ANY OTHER METHODOLOGY

FOR REMOTE, MULTISOURCED IDENTITY AUTHENTICATION, INCLUDING

THE USE OF A THIRD-PARTY OR GOVERNMENT DATABASE.

(3) EMPLOY A MECHANISM TO VERIFY THAT THE PURCHASER IS

18 YEARS OF AGE OR OLDER AND BLOCK AN INDIVIDUAL UNDER 18

YEARS OF AGE FROM PARTICIPATING IN THE RAFFLE OR DRAWING. THE

ELIGIBLE ORGANIZATION MAY NOT ACCEPT PAYMENT FROM AN

INDIVIDUAL UNDER 18 YEARS OF AGE.

(4) REQUIRE A PARTICIPANT TO AFFIRM THAT THE INFORMATION

PROVIDED BY THE PARTICIPANT UNDER THIS SECTION IS ACCURATE.

(5) RECORD A PARTICIPANT'S ACKNOWLEDGMENT THAT THE

INFORMATION PROVIDED BY THE PARTICIPANT UNDER THIS SUBSECTION

IS ACCURATE.

(D) EXPIRATION.--THE AUTHORITY GRANTED UNDER THIS SECTION

SHALL AUTOMATICALLY EXPIRE UPON EXPIRATION OR TERMINATION OF THE

COVID-19 DISASTER EMERGENCY BY EXECUTIVE ORDER, PROCLAMATION OR

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OPERATION OF LAW OR MAY 1, 2022, WHICHEVER IS LATER.

(E) 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:

"COVID-19 DISASTER EMERGENCY." THE PROCLAMATION OF DISASTER

EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT

50 PA.B. 1644 (MARCH 21, 2020), ANY RENEWAL OF THE PROCLAMATION

OF DISASTER EMERGENCY OR ANY OTHER PROCLAMATION OF DISASTER

EMERGENCY RELATED TO THE NOVEL CORONAVIRUS, KNOWN AS COVID-19,

ISSUED BY THE GOVERNOR IN ACCORDANCE WITH 35 PA.C.S. § 7301(C)

(RELATING TO GENERAL AUTHORITY OF GOVERNOR).

"DRAWING." A 50/50 DRAWING, DAILY DRAWING OR WEEKLY DRAWING.

"INTERNET-BASED CONFERENCING SOFTWARE APPLICATION." ANY OF

THE FOLLOWING:

(1) A SOFTWARE APPLICATION THAT ALLOWS FOR THE

TRANSMISSION OF AUDIO AND VISUAL COMMUNICATIONS BETWEEN USERS

OVER THE INTERNET, INCLUDING ZOOM, MICROSOFT TEAMS, SKYPE OR

AN EQUIVALENT APPLICATION.

(2) A SOCIAL NETWORKING APPLICATION THAT ALLOWS FOR THE

TRANSMISSION OF AUDIO AND VISUAL COMMUNICATIONS BETWEEN USERS

OVER THE INTERNET, INCLUDING FACEBOOK LIVE OR PERISCOPE.

"MOBILE PAYMENT SERVICE." A SERVICE IN WHICH A MONEY PAYMENT

IS MADE ELECTRONICALLY THROUGH A MONEY TRANSFER SERVICE,

INCLUDING VENMO, PAYPAL, CASH APP OR AN EQUIVALENT MONEY

TRANSFER SERVICE.

Section 2. This act shall take effect immediately.

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