HB 290 — An Act amending the act of December 19, 1988 (P.L.1262, No.156), known as the Local Option Small Games of Chance Act, in miscellaneous provisions, providing for games of chance operations during COVID-19 disaster emergency.

PRIOR PRINTER'S NO.NOS.

256256, 1049 PRINTER'S NO.

10491157 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

BROWN, DIAMOND, GLEIM, PISCIOTTANO, ROTHMAN, STRUZZI, BOBACK, STAMBAUGH, COX,, MALAGARI, SNYDER, ECKER, KAIL, BERNSTINE, SAPPEY, KLUNKKLUNK, ROZZI, TWARDZIK, KNOWLES, HEFFLEY, SANKEY AND ROZZI,KERWIN, JANUARY 27, 2021 AS REPORTEDAMENDED FROM COMMITTEE ON GAMINGSECOND OVERSIGHT,CONSIDERATION, HOUSE OF REPRESENTATIVES, ASAPRIL AMENDED,6, MARCH 24, 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 registrationsuspensions ofand manufacturersrevocations of gameslicenses of chance, and permits;d for requiring records;

Games of chance operations during COVID-19 <-- disaster emergency.

(a) Operations.--Notwithstanding the provisions of section 307(b.2), during the COVID-19 disaster emergency, aor licenseduntil May 1, 2022, whichever is later, an eligible organization may: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.

(1)(b) conductRaffles orand operatedrawings.--The gamesfollowing ofshall chanceapply atto thea licensedraffle eligible organization's operating site or otherdrawing authorized premisesunder orsubsection location(a): or via a publicly accessible Internet website or social media platform;

and(1) (2)An accepteligible debitorganization cards,may credituse cardsa ormobile other electronic payment methodsservice for playingthe gamesconduct ofor chanceoperation onof athe publiclyraffle accessibleor Internetdrawing websitein oraccordance socialwith mediasubsection platform.(c).

(b)An Definitions.--Aseligible usedorganization inmay thisnot section,accept thecredit termcards "COVID-for 19the disasterconduct emergency"or meansoperation the proclamation of disaster emergency issued by the Governorraffle onor Marchdrawing. 6, 2020, published at 50 Pa.B.

(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 shall not use or display animation in identifying the winner.

(4) The reveal of the winner of the raffle or drawing shall not use or display moving or still images in identifying the winner (5) The reveal of the winner of the raffle or drawing shall not use, make or display a graphic presentation in identifying the winner.

(6) The reveal of the winner of the raffle or drawing shall 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 shall not use or be completed with the aid of a video gaming terminal as defined in 4 Pa.C.S.

§ 3102 (relating to 20210HB0290PN1157 - 2 - definitions).

(8) The reveal of the winner of the raffle or drawing shall not use or be completed with the aid of an electronic video monitor or a simulated gambling program as defined in 18 Pa.C.S.

§ 5513(f) (relating to gambling devices, gambling, etc.).

(9) AN ELIGIBLE ORGANIZATION MAY NOT OFFER A SINGLE GAME <-- OF CHANCE IN WHICH THE PRIZE EXCEEDS $4,000.

(10) AN ELIGIBLE ORGANIZATION MAY NOT AWARD PRIZES THAT EXCEED $50,000 IN AN OPERATING WEEK.

(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, an eligible organization shall take all of 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 the 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, multi-sourced identity authentication, including the use of a third party or government database.

(3) Employ a mechanism to verify that a participant is at least 18 years of age 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.

20210HB0290PN1157 - 3 - (4) Require a participant to affirm that the information provided by the participant under this subsection 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 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.

SECTION"Drawing." 3102.A 50/50 drawing, daily drawing or weekly drawing.

GAMES"Internet-based OFconferencing CHANCEsoftware OPERATIONSapplication." DURINGAny COVID-19of <--the DISASTERfollowing: EMERGENCY.

(A)(1) OPERATIONS.--NOTWITHSTANDINGA THEsoftware PROVISIONSapplication OFthat SECTIONallows 307(B.2),for DURINGthe THEtransmission COVID-19of DISASTERaudio EMERGENCY,and ORvisual UNTILcommunications MAYbetween 1,users 2022,over WHICHEVERthe ISInternet, LATER,including ANZoom, ELIGIBLEMicrosoft ORGANIZATIONTeams, MAYSkype CONDUCTor ANDan REVEALequivalent THEapplication. WINNER OF RAFFLES AND DRAWINGS VIA AN INTERNET-BASED CONFERENCING SOFTWARE APPLICATION IN A MANNER OTHERWISE IN ACCORDANCE WITH THIS CHAPTER.

(B)(2) RAFFLESA ANDsocial DRAWINGS.--THEnetworking FOLLOWINGapplication SHALLthat APPLYallows TOfor Athe RAFFLEtransmission ORof DRAWINGaudio AUTHORIZEDand UNDERvisual SUBSECTIONcommunications (A):between users over the Internet, including Facebook Live or Periscope.

(1)20210HB0290PN1157 AN- ELIGIBLE4 ORGANIZATION- MAY"Mobile USEpayment service." A MOBILEservice PAYMENTin SERVICEwhich FORa THEmoney CONDUCTpayment ORis OPERATIONmade OFelectronically THEthrough RAFFLEa ORmoney DRAWINGtransfer INservice, ACCORDANCEincluding WITHVenmo, SUBSECTIONPayPal, (C).Cash App or an equivalent money transfer service.

AN ELIGIBLE ORGANIZATION MAY NOT ACCEPT CREDIT CARDS FOR THE CONDUCT OR OPERATION OF THE RAFFLE OR DRAWING.

20210HB0290PN1049 - 2 - (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 SHALL NOT USE OR DISPLAY ANIMATION IN IDENTIFYING THE WINNER.

(4) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING SHALL NOT USE OR DISPLAY MOVING OR STILL IMAGES IN IDENTIFYING THE WINNER (5) THE REVEAL OF THE WINNER OF THE RAFFLE OR DRAWING SHALL NOT USE, MAKE OR DISPLAY A GRAPHIC PRESENTATION IN IDENTIFYING THE WINNER.