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SENATE DOCKET, NO. 1438 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 238
The Commonwealth of Massachusetts
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PRESENTED BY:
Rebecca L. Rausch
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting the Commonwealth’s gaming industry.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 2
SENATE DOCKET, NO. 1438 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 238
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 238) of Rebecca L. Rausch for
legislation to protect the Commonwealth’s gaming industry. Economic Development and
Emerging Technologies.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting the Commonwealth’s gaming industry.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: Notwithstanding the provision of any General or Special Law to the
2contrary, Chapter 23K of the General Laws as appearing in the 2020 Official Edition is hereby
3amended as follows:-
4 In section 2 by striking the definition of “Category 2 license” and replacing with the
5following new definition:
6 “Category 2 license” a license issued by the Commission that permits the licensee to
7operate a gaming establishment with no table games and not more than 1,250 slot machines,
8except as may otherwise be determined by the Commission subject to the provisions of this
9Chapter.
10 In section 11 by adding the following new subsection: 2 of 2
11 (d) 1. The Commission may and shall be empowered to consider the benefit to the
12Commonwealth, community and surrounding communities of allowing the Category 2 licensee
13to host up to 30 table games and an additional 250 slot machines. Prior to the entertainment of
14any such consideration the Commission shall require that:
15 i. The licensee has requested such consideration.
16 ii. The Mayor and City Council or Board of Selectmen and Town Meeting of the category
172 licensee host community have approved and certified approval of such consideration.
18 (d) 2. Upon such requests for consideration, the Commission may authorize, in its
19absolute and sole discretion, the category 2 licensee to host from 1-30 table games and/or an
20additional 1-250 slot machines if, after 2 public hearings, one of which shall take place in the
21category 2 host community the Commission has found and determined that:
22 i. the licensee request meets the applicable requirements of Section 9 of this Chapter and
23 ii. that the Commission’s authorization is in the Commonwealth’s best interests.
24 SECTION 2: Any authorization made by the Commission as a result of the provisions of
25this Chapter shall in no way constitute licensure and shall terminate if the Category 2 licensee is
26not renewed subject to the provisions of section 20 (f) of said Chapter 23K, is terminated,
27surrendered or suspended.