2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 4 - AMUSEMENTS › Chapter 13B - Interactive Gaming › Section 13B02 - Regulatory authority

§ 13B02. Regulatory authority.
(a) Authority.--
The board shall promulgate and adopt rules and regulations to govern the conduct of interactive gaming in order to ensure that it will be implemented in a manner that provides for the security and effective management, administration and control of interactive gaming, including, but not limited to, regulations:
(1) Ensuring that interactive gaming is offered for play in this Commonwealth in a manner that is consistent with Federal law and the provisions of this chapter.
(2) Establishing standards and procedures for testing and approving interactive games and interactive gaming devices and associated equipment, and any variations or composites of authorized interactive games, provided that the board determines that the interactive games and any new interactive games or any variations or composites are suitable for use after a test or experimental period under any terms and conditions as the board may deem appropriate. The board may give priority to the testing of interactive games, interactive gaming devices and associated equipment or other gaming equipment which a slot machine licensee or an applicant for an interactive gaming license has certified that it will use to conduct interactive gaming in this Commonwealth. Nothing in this paragraph shall be construed to prohibit the board from using the testing and certification standards of another state or jurisdiction in which interactive gaming is conducted, if it determines that the standards of the jurisdiction are comprehensive, thorough and provide similar and adequate safeguards as those required under this part. If the board makes such a determination and the slot machine licensee or applicant for an interactive gaming license is licensed in another state or jurisdiction to operate interactive gaming or an interactive gaming system, it may use an abbreviated process requiring only the information determined by it to be necessary to consider the issuance of an interactive gaming certificate or interactive gaming license under this chapter. The board, in its discretion, may also rely upon the certification of interactive games that have met the testing and certification standards of a board-approved private testing and certification facility.
(3) Establishing standards and rules to govern the conduct of interactive gaming and the platform and system of and wagering associated with interactive gaming, including internal controls and accounting controls, and the type, number, payout, wagering limits and rules for interactive games.
(4) Establishing the method for calculating gross interactive gaming revenue and standards for the daily counting and recording of cash and cash equivalents received in the conduct of authorized interactive games and ensure that internal controls and accounting controls are followed, including the maintenance of financial books and records and the conduct of audits. The board shall consult with the department in establishing these regulations.
(5) Establishing notice requirements pertaining to minimum and maximum wagers on authorized interactive games.
(6) Ensuring that all facilities and interactive gaming devices and associated equipment are arranged in a manner to promote appropriate security for interactive gaming.
(7) Establishing technical standards for the approval of interactive games, interactive gaming devices and associated equipment, including mechanical, electrical or program reliability, security against tampering and any other standards as it may deem necessary to protect registered players from fraud or deception.
(8) Governing the creation, ownership and utilization of interactive gaming accounts by registered players, including the following:
(i) Requiring that an interactive gaming account be created, owned and utilized by a natural person and not in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity.
(ii) Prohibiting the assignment or other transfer of an interactive gaming account.
(iii) Prohibiting the creation, ownership or utilization of an interactive gaming account by an individual under 21 years of age.
(9) Establishing procedures for a registered player to log into the registered player's interactive gaming account, authenticate the registered player's identity, agree to terms, conditions and rules applicable to authorized interactive games and log out of the registered player's interactive gaming account, including procedures for automatically logging off a registered player from an interactive game after a specified period of inactivity.
(10) Establishing procedures for:
(i) Depositing funds in an interactive gaming account by cash, transfer or other means, as approved by the board.
(ii) The withdrawal of funds from an interactive gaming account.
(iii) The suspension of interactive gaming account activity for security reasons.
(iv) The termination of an interactive gaming account and disposition of funds in the account.
(v) The disposition of unclaimed funds in a dormant interactive gaming account.
(11) Establishing mechanisms by which a registered player may place a limit on the amount of money being wagered on an authorized interactive game or during any specified time period or the amount of money lost during any specified time period.
(12) Establishing mechanisms to exclude from interactive gaming persons not eligible to play by reason of age, identity or location or inclusion on a list of persons denied access to interactive gaming activities in accordance with sections 1514 (relating to regulation requiring exclusion, ejection or denial of access of certain persons), 1515 (relating to repeat offenders excludable from licensed gaming facility) and 1516 (relating to list of persons self excluded from gaming activities).
(13) Establishing procedures for the protection, security and reliability of interactive gaming accounts, authorized interactive games, interactive gaming devices and associated equipment and mechanisms to prevent tampering or utilization by unauthorized persons.
(14) Establishing data security standards to govern age, identity and location verification of persons engaged in interactive gaming activity.
(15) Requiring each interactive gaming certificate holder to:
(i) Provide written information on its interactive gaming skin or interactive gaming website, which explains the rules for each authorized interactive game, payoffs or winning wagers and other information as the board may require.
(ii) Designate one or more interactive gaming restricted areas where interactive gaming will be managed, administered or controlled.
(iii) Provide the board with access to the interactive gaming skin or interactive gaming website, interactive gaming platform, signal or transmission used in connection with interactive gaming and interactive gaming restricted areas.
(iv) Adopt procedures for the recordation, replication and storage of all play and transactions for a period to be determined by the board.
(v) Provide statements on its interactive gaming skin or interactive gaming website about the permissible minimum and maximum wagers for each authorized interactive game, as applicable.
(vi) Adopt policies or procedures to prohibit any unauthorized person from having access to interactive gaming devices and associated equipment.
(vii) Adopt data security standards to verify the age, identity and location of persons engaged in interactive gaming and prevent unauthorized access by any person whose age, identity and location have not been verified or whose age, identity and location cannot be verified in accordance with regulations adopted by the board.
(viii) Adopt standards to protect the privacy and security of registered players engaged in interactive gaming.
(ix) Collect, report and pay any and all applicable taxes and fees and maintain all books, records and documents related to the interactive gaming certificate holder's interactive gaming activities in a manner and in a location within this Commonwealth as approved by the board or the department. All books, records and documents shall be immediately available for inspection during all hours of operation in accordance with the regulations of the board and shall be maintained in a manner and during periods of time as the board shall by regulation require.
(b) Additional authority.--
(1) At its discretion, the board may determine whether persons that provide the following goods or services shall be required to obtain a license, permit or other authorization:
(i) Payment processing and related money transmitting and services.
(ii) Identity, location or age verification and geospatial technology services.
(iii) General telecommunications services, which are not specifically designed for or related to interactive gaming.
(iv) Other goods or services that are not specifically designed for use with interactive gaming if the persons providing the goods or services are not paid a percentage of gaming revenue or of money wagered on interactive games or of any fees, not including fees to financial institutions and payment providers for facilitating a deposit by an interactive gaming account holder.
(v) Any other goods or services related to interactive gaming as the board may determine.
(2) The board shall develop a classification system for the licensure, permitting or other authorization of persons that provide the following goods or services related to interactive gaming:
(i) Persons that provide interactive games and interactive gaming devices and associated equipment.
(ii) Persons that manage, control or administer the interactive games or the wagers associated with interactive games.
(iii) Persons that provide customer lists comprised of persons identified or selected, in whole or in part, because they placed or may place wagers on interactive gaming.