EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0647*
SENATE BILL 647
C7 2lr2685
CF HB 759
By: Senators Young and Hough
Introduced and read first time: February 3, 2022
Assigned to: Budget and Taxation
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 gaming permit for the 5
machine from the county; and generally relating to electronic tip jar machines in 6
Frederick County. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 12–301.1 and 13–1301 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Criminal Law 14
Section 13–1302 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Law 20
12–301.1. 21
(a) In this subtitle, “Commission” means the State Lottery and Gaming Control 22
Commission. 23
2 SENATE BILL 647
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection AND 1
SUBSECTION (F) OF THIS SECTION and consistent with the provisions of this title and 2
Title 13 of this article, the Commission shall certify and regulate the operation, ownership, 3
and manufacture of an electronic gaming device authorized under this subtitle. 4
(2) This section does not apply to: 5
(i) the ownership or operation of slot machines that are subject to 6
regulation by the Comptroller under § 12–304 of this title; and 7
(ii) paper tip jar gaming where authorized. 8
(3) (i) This paragraph applies only in Baltimore City and Baltimore 9
County. 10
(ii) If a local law enforcement agency refuses to enforce a provision 11
regarding the legal operation of amusement games, the Commission shall refer the matter 12
to the appropriate office of the State’s Attorney. 13
(c) The Commission shall adopt regulations that: 14
(1) define lawful and unlawful electronic and mechanical equipment used 15
in connection with gaming devices that are consistent with this title; 16
(2) approve and license electronic gaming devices authorized under State 17
law; 18
(3) approve and license owners, operators, and manufacturers of electronic 19
gaming devices authorized under State law; 20
(4) establish procedures for the license application and renewal processes 21
required under this section; and 22
(5) establish license fees, effective on July 1, 2016, that are sufficient to 23
cover the direct and indirect costs of licensure required under this section. 24
(d) (1) The Commission may determine: 25
(i) that a county’s licensing and regulatory process for electronic 26
gaming devices is equivalent to the State licensing and regulatory process required under 27
this section; and 28
(ii) that a county license for owning, operating, or manufacturing an 29
electronic gaming device in that county is equivalent to a State license. 30
SENATE BILL 647 3
(2) If the Commission does not make a determination under paragraph (1) 1
of this subsection, the regulations and licensing requirements of the Commission shall 2
supersede: 3
(i) the application of any county fees or regulations and licensing 4
requirements for electronic gaming devices under this subsection; or 5
(ii) a requirement for a county license for owning, operating, or 6
manufacturing an electronic gaming device under this subsection. 7
(e) [An] EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , AN 8
electronic gaming device that is not licensed or otherwise operated in compliance with the 9
provisions of this section as of January 1, 2013, is an illegal gaming device that may not 10
legally operate in the State. 11
(F) (1) IN FREDERICK COUNTY, A PERSON AUTHORIZED TO OPERATE A 12
TIP JAR IN THE COUNT Y UNDER § 13–1305 OF THIS ARTICLE MAY OPERATE AN 13
ELECTRONIC TIP JAR M ACHINE IN THE COUNTY IF THE PERSON OBTAINS A GAMING 14
PERMIT FOR EACH MACHINE FRO M THE COUNTY IN ACCORDANCE WITH § 13–1304 15
OF THIS ARTICLE. 16
(2) THE COUNTY COMMISSIONERS OF FREDERICK COUNTY MAY 17
ADOPT REGULATIONS FO R THE OPERATION OF AND ISSUANCE OF PERMITS FOR 18
ELECTRONIC TIP JAR M ACHINES UNDER TITLE 13, SUBTITLE 13 OF THIS ARTICLE. 19
[(f)] (G) (1) There is a Maryland Amusement Game Advisory Committee. 20
(2) The Advisory Committee shall advise the Commission on the conduct 21
and technical aspects of the amusement game industry, including recommendations for the 22
legality of skills–based amusement games. 23
(3) The Advisory Committee consists of: 24
(i) the following members appointed by the Governor: 25
1. two members selected from a list of five names submitted 26
by the Maryland Amusement and Music Operators Association; 27
2. one member who is a local government official selected 28
from a list of names submitted by the Maryland Association of Counties and the Maryland 29
Municipal League; 30
3. one member who is a local law enforcement officer; and 31
4. one citizen representative; and 32
4 SENATE BILL 647
(ii) the Director of the Commission, or the Director’s designee, who 1
shall serve as a nonvoting member of the Advisory Committee. 2
(4) The Governor shall designate the chair of the Advisory Committee. 3
(5) The Commission shall provide staff for the Advisory Committee. 4
(6) A member of the Advisory Committee: 5
(i) may not receive compensation as a member of the Advisory 6
Committee; but 7
(ii) is entitled to reimbursement for expenses under the Standard 8
State Travel Regulations, as provided in the State budget. 9
13–1301. 10
(A) In this subtitle[, “gaming event”] THE FOLLOWING WORDS HAVE THE 11
MEANINGS INDICATED . 12
(B) “GAMING EVENT” includes: 13
(1) a bazaar; 14
(2) a carnival; 15
(3) a raffle; 16
(4) a tip jar; and 17
(5) a punchboard. 18
(C) “TIP JAR” INCLUDES AN ELECTRON IC TIP JAR MACHINE A UTHORIZED 19
UNDER § 12–301.1 OF THIS ARTICLE. 20
13–1302. 21
This subtitle applies only in Frederick County. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2022. 24