PRINTER'S NO. 1377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1268
Session of
2023
INTRODUCED BY WARNER, SMITH, TOPPER, STAMBAUGH, JAMES, HAMM,
ROWE, STEHR, ECKER, MERSKI, JOZWIAK, KAUFFMAN, KEPHART,
DELOZIER AND KEEFER, MAY 30, 2023
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MAY 30, 2023
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.
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 302.1. Games of chance operations.
(a) Raffles and drawings.--Virtual sales of games of chance
shall be conducted as follows:
(1) An eligible organization may accept electronic
payment via credit card, debit card, mobile payment service
or other electronic payment method in accordance with
subsection (b).
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(2) An eligible organization may only use an Internet-
based conferencing software application in the conduct of the
game of chance limited to the reveal of the winner of the
game of chance.
(3) The reveal of the winner of the game of chance shall
not use or display animation in identifying the winner.
(4) The reveal of the winner of the game of chance shall
not use or display moving or still images in identifying the
winner.
(5) The reveal of the winner of the game of chance shall
not use, make or display a graphic presentation in
identifying the winner.
(6) The reveal of the winner of the game of chance 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 game of chance shall
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 game of chance 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 g ambling devices, gambling,
etc.).
(b) Verification requirements.-- In order to use a mobile
payment service under subsection (a)(1) for the conduct or
operation of the game of chance, an eligible organization shall
take all of the following actions:
(1) Employ a mechanism to detect the physical location
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of a participant who buys a ticket for the game of chance and
block an individual located outside of t his Commonwealth from
participating in the game of chance. 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 a participant is
at least 18 years of age and block an individual under 18
years of age from participating in the game of chance. 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 subsection is
accurate.
(5) Record a participant's acknowledgment that the
information provided by the participant under this subsection
is accurate.
(6) Verify that the actions do not violate 31 U.S.C. Ch.
53 Subch. IV (relating to prohibition on funding of unlawful
Internet gambling) (Unlawful Internet Gambling Enforcement
Act of 2006).
(c) 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:
"Internet-based conferencing software application." Any of
the following:
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(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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