Maryland 2022 Regular Session

Maryland House Bill HB759 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0759
6	6
7	7	HOUSE BILL 759
8	8	C7 2lr2687
9	9	CF 2lr2685
10	10	By: Frederick County Delegation
11	11	Introduced and read first time: February 3, 2022
12	12	Assigned to: Ways and Means
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Frederick County – Electronic Tip Jar Machines – Authorization and 2
19	19	Regulation 3
20	20
21	21	FOR the purpose of authorizing a person authorized to operate a tip jar in Frederick County 4
22	22	to operate an electronic tip jar machine if the person obtains a license for the machine 5
23	23	from the State Lottery and Gaming Control Commission; and generally relating to 6
24	24	electronic tip jar machines in Frederick County. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Criminal Law 9
28	28	Section 12–301.1 10
29	29	Annotated Code of Maryland 11
30	30	(2021 Replacement Volume and 2021 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Criminal Law 15
36	36
37	37	12–301.1. 16
38	38
39	39	(a) In this subtitle, “Commission” means the State Lottery and Gaming Control 17
40	40	Commission. 18
41	41
42	42	(b) (1) Except as provided in paragraphs (2) and (3) of this subsection AND 19
43	43	SUBSECTION (F) OF THIS SECTION and consistent with the provisions of this title and 20
44	44	Title 13 of this article, the Commission shall certify and regulate the operation, ownership, 21
45	45	and manufacture of an electronic gaming device authorized under this subtitle. 22
46	46
47	47	(2) This section does not apply to: 23 2 HOUSE BILL 759
48	48
49	49
50	50
51	51	(i) the ownership or operation of slot machines that are subject to 1
52	52	regulation by the Comptroller under § 12–304 of this title; and 2
53	53
54	54	(ii) paper tip jar gaming where authorized. 3
55	55
56	56	(3) (i) This paragraph applies only in Baltimore City and Baltimore 4
57	57	County. 5
58	58
59	59	(ii) If a local law enforcement agency refuses to enforce a provision 6
60	60	regarding the legal operation of amusement games, the Commission shall refer the matter 7
61	61	to the appropriate office of the State’s Attorney. 8
62	62
63	63	(c) The Commission shall adopt regulations that: 9
64	64
65	65	(1) define lawful and unlawful electronic and mechanical equipment used 10
66	66	in connection with gaming devices that are consistent with this title; 11
67	67
68	68	(2) approve and license electronic gaming devices authorized under State 12
69	69	law; 13
70	70
71	71	(3) approve and license owners, operators, and manufacturers of electronic 14
72	72	gaming devices authorized under State law; 15
73	73
74	74	(4) establish procedures for the license application and renewal processes 16
75	75	required under this section; and 17
76	76
77	77	(5) establish license fees, effective on July 1, 2016, that are sufficient to 18
78	78	cover the direct and indirect costs of licensure required under this section. 19
79	79
80	80	(d) (1) The Commission may determine: 20
81	81
82	82	(i) that a county’s licensing and regulatory process for electronic 21
83	83	gaming devices is equivalent to the State licensing and regulatory process required under 22
84	84	this section; and 23
85	85
86	86	(ii) that a county license for owning, operating, or manufacturing an 24
87	87	electronic gaming device in that county is equivalent to a State license. 25
88	88
89	89	(2) If the Commission does not make a determination under paragraph (1) 26
90	90	of this subsection, the regulations and licensing requirements of the Commission shall 27
91	91	supersede: 28
92	92
93	93	(i) the application of any county fees or regulations and licensing 29
94	94	requirements for electronic gaming devices under this subsection; or 30
95	95	HOUSE BILL 759 3
96	96
97	97
98	98	(ii) a requirement for a county license for owning, operating, or 1
99	99	manufacturing an electronic gaming device under this subsection. 2
100	100
101	101	(e) [An] EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , AN 3
102	102	electronic gaming device that is not licensed or otherwise operated in compliance with the 4
103	103	provisions of this section as of January 1, 2013, is an illegal gaming device that may not 5
104	104	legally operate in the State. 6
105	105
106	106	(F) (1) IN FREDERICK COUNTY, A PERSON AUTHORIZED TO OPERATE A 7
107	107	TIP JAR IN THE COUNT Y UNDER § 13–1305 OF THIS ARTICLE MAY OPERATE AN 8
108	108	ELECTRONIC TIP JAR MACHI NE IN THE COUNTY IF THE PERSON OBTAINS A LICENSE 9
109	109	FOR EACH MACHINE FRO M THE COMMISSION. 10
110	110
111	111	(2) THE COMMISSION SHALL ADOP T REGULATIONS FOR TH E 11
112	112	OPERATION AND LICENS ING OF ELECTRONIC TI P JAR MACHINES UNDER THIS 12
113	113	SUBSECTION. 13
114	114
115	115	[(f)] (G) (1) There is a Maryland Amusement Game Advisory Committee. 14
116	116
117	117	(2) The Advisory Committee shall advise the Commission on the conduct 15
118	118	and technical aspects of the amusement game industry, including recommendations for the 16
119	119	legality of skills–based amusement games. 17
120	120
121	121	(3) The Advisory Committee consists of: 18
122	122
123	123	(i) the following members appointed by the Governor: 19
124	124
125	125	1. two members selected from a list of five names submitted 20
126	126	by the Maryland Amusement and Music Operators Association; 21
127	127
128	128	2. one member who is a local government official selected 22
129	129	from a list of names submitted by the Maryland Association of Counties and the Maryland 23
130	130	Municipal League; 24
131	131
132	132	3. one member who is a local law enforcement officer; and 25
133	133
134	134	4. one citizen representative; and 26
135	135
136	136	(ii) the Director of the Commission, or the Director’s designee, who 27
137	137	shall serve as a nonvoting member of the Advisory Committee. 28
138	138
139	139	(4) The Governor shall designate the chair of the Advisory Committee. 29
140	140
141	141	(5) The Commission shall provide staff for the Advisory Committee. 30
142	142
143	143	(6) A member of the Advisory Committee: 31 4 HOUSE BILL 759
144	144
145	145
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147	147	(i) may not receive compensation as a member of the Advisory 1
148	148	Committee; but 2
149	149
150	150	(ii) is entitled to reimbursement for expenses under the Standard 3
151	151	State Travel Regulations, as provided in the State budget. 4
152	152
153	153	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
154	154	1, 2022. 6
155	155