EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0759*
HOUSE BILL 759
C7 2lr2687
CF 2lr2685
By: Frederick County Delegation
Introduced and read first time: February 3, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Frederick County – Electronic Tip Jar Machines – Authorization and 2
Regulation 3
FOR the purpose of authorizing a person authorized to operate a tip jar in Frederick County 4
to operate an electronic tip jar machine if the person obtains a license for the machine 5
from the State Lottery and Gaming Control Commission; and generally relating to 6
electronic tip jar machines in Frederick County. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 12–301.1 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Law 15
12–301.1. 16
(a) In this subtitle, “Commission” means the State Lottery and Gaming Control 17
Commission. 18
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection AND 19
SUBSECTION (F) OF THIS SECTION and consistent with the provisions of this title and 20
Title 13 of this article, the Commission shall certify and regulate the operation, ownership, 21
and manufacture of an electronic gaming device authorized under this subtitle. 22
(2) This section does not apply to: 23 2 HOUSE BILL 759
(i) the ownership or operation of slot machines that are subject to 1
regulation by the Comptroller under § 12–304 of this title; and 2
(ii) paper tip jar gaming where authorized. 3
(3) (i) This paragraph applies only in Baltimore City and Baltimore 4
County. 5
(ii) If a local law enforcement agency refuses to enforce a provision 6
regarding the legal operation of amusement games, the Commission shall refer the matter 7
to the appropriate office of the State’s Attorney. 8
(c) The Commission shall adopt regulations that: 9
(1) define lawful and unlawful electronic and mechanical equipment used 10
in connection with gaming devices that are consistent with this title; 11
(2) approve and license electronic gaming devices authorized under State 12
law; 13
(3) approve and license owners, operators, and manufacturers of electronic 14
gaming devices authorized under State law; 15
(4) establish procedures for the license application and renewal processes 16
required under this section; and 17
(5) establish license fees, effective on July 1, 2016, that are sufficient to 18
cover the direct and indirect costs of licensure required under this section. 19
(d) (1) The Commission may determine: 20
(i) that a county’s licensing and regulatory process for electronic 21
gaming devices is equivalent to the State licensing and regulatory process required under 22
this section; and 23
(ii) that a county license for owning, operating, or manufacturing an 24
electronic gaming device in that county is equivalent to a State license. 25
(2) If the Commission does not make a determination under paragraph (1) 26
of this subsection, the regulations and licensing requirements of the Commission shall 27
supersede: 28
(i) the application of any county fees or regulations and licensing 29
requirements for electronic gaming devices under this subsection; or 30
HOUSE BILL 759 3
(ii) a requirement for a county license for owning, operating, or 1
manufacturing an electronic gaming device under this subsection. 2
(e) [An] EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , AN 3
electronic gaming device that is not licensed or otherwise operated in compliance with the 4
provisions of this section as of January 1, 2013, is an illegal gaming device that may not 5
legally operate in the State. 6
(F) (1) IN FREDERICK COUNTY, A PERSON AUTHORIZED TO OPERATE A 7
TIP JAR IN THE COUNT Y UNDER § 13–1305 OF THIS ARTICLE MAY OPERATE AN 8
ELECTRONIC TIP JAR MACHI NE IN THE COUNTY IF THE PERSON OBTAINS A LICENSE 9
FOR EACH MACHINE FRO M THE COMMISSION. 10
(2) THE COMMISSION SHALL ADOP T REGULATIONS FOR TH E 11
OPERATION AND LICENS ING OF ELECTRONIC TI P JAR MACHINES UNDER THIS 12
SUBSECTION. 13
[(f)] (G) (1) There is a Maryland Amusement Game Advisory Committee. 14
(2) The Advisory Committee shall advise the Commission on the conduct 15
and technical aspects of the amusement game industry, including recommendations for the 16
legality of skills–based amusement games. 17
(3) The Advisory Committee consists of: 18
(i) the following members appointed by the Governor: 19
1. two members selected from a list of five names submitted 20
by the Maryland Amusement and Music Operators Association; 21
2. one member who is a local government official selected 22
from a list of names submitted by the Maryland Association of Counties and the Maryland 23
Municipal League; 24
3. one member who is a local law enforcement officer; and 25
4. one citizen representative; and 26
(ii) the Director of the Commission, or the Director’s designee, who 27
shall serve as a nonvoting member of the Advisory Committee. 28
(4) The Governor shall designate the chair of the Advisory Committee. 29
(5) The Commission shall provide staff for the Advisory Committee. 30
(6) A member of the Advisory Committee: 31 4 HOUSE BILL 759
(i) may not receive compensation as a member of the Advisory 1
Committee; but 2
(ii) is entitled to reimbursement for expenses under the Standard 3
State Travel Regulations, as provided in the State budget. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2022. 6