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).
(c) Definition.--As used in this section, the term "disaster
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.).
(C) VERIFICATION REQUIREMENTS.--IN ORDER TO USE A MOBILE
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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