SB 243 — 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 games of chance, providing for games of chance operations during disaster emergency.

PRIOR PRINTER'S NO.

223 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

243688 2021THE INTRODUCEDGENERAL BYASSEMBLY PITTMAN,OF BROOKS,PENNSYLVANIA BARTOLOTTA,SENATE MARTIN,BILL ARGALL,Session MENSCH, SCHWANK, TARTAGLIONE, REGAN, DUSH, FONTANA, LAUGHLIN AND COLLETT, FEBRUARY 22, 2021 REFFEBRUARY 22, 2021Y, ECONOMIC AND RECREATIONAL DEVELOPMENT, AN ACT Amending the act of DecemberNo. 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;

243 2021 INTRODUCED BY PITTMAN, BROOKS, BARTOLOTTA, MARTIN, ARGALL, MENSCH, SCHWANK, TARTAGLIONE, REGAN, DUSH, FONTANA, LAUGHLIN, COLLETT AND BREWSTER, FEBRUARY 22, 2021 SENDEVELOPMENT, AS AMENDED, APRIL 28, 2021RECREATIONAL 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;

(a) General rule.--Notwithstanding the provisions of section <-- 307(b.2), during a disaster emergency, a licensed eligible organization may:

(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.

20210SB0243PN0688 - 2 - (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 20210SB0243PN0688 - 3 - 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 20210SB0243PN0688 - 4 - 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.

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