EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable
Senate action: Adopted
Read second time: March 4, 2022
CHAPTER ______
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
2 SENATE BILL 647
12–301.1. 1
(a) In this subtitle, “Commission” means the State Lottery and Gaming Control 2
Commission. 3
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection AND 4
SUBSECTION (F) OF THIS SECTION and consistent with the provisions of this title and 5
Title 13 of this article, the Commission shall certify and regulate the operation, ownership, 6
and manufacture of an electronic gaming device authorized under this subtitle. 7
(2) This section does not apply to: 8
(i) the ownership or operation of slot machines that are subject to 9
regulation by the Comptroller under § 12–304 of this title; and 10
(ii) paper tip jar gaming where authorized. 11
(3) (i) This paragraph applies only in Baltimore City and Baltimore 12
County. 13
(ii) If a local law enforcement agency refuses to enforce a provision 14
regarding the legal operation of amusement games, the Commission shall refer the matter 15
to the appropriate office of the State’s Attorney. 16
(c) The Commission shall adopt regulations that: 17
(1) define lawful and unlawful electronic and mechanical equipment used 18
in connection with gaming devices that are consistent with this title; 19
(2) approve and license electronic gaming devices authorized under State 20
law; 21
(3) approve and license owners, operators, and manufacturers of electronic 22
gaming devices authorized under State law; 23
(4) establish procedures for the license application and renewal processes 24
required under this section; and 25
(5) establish license fees, effective on July 1, 2016, that are sufficient to 26
cover the direct and indirect costs of licensure required under this section. 27
(d) (1) The Commission may determine: 28
(i) that a county’s licensing and regulatory process for electronic 29
gaming devices is equivalent to the State licensing and regulatory process required under 30
this section; and 31
SENATE BILL 647 3
(ii) that a county license for owning, operating, or manufacturing an 1
electronic gaming device in that county is equivalent to a State license. 2
(2) If the Commission does not make a determination under paragraph (1) 3
of this subsection, the regulations and licensing requirements of the Commission shall 4
supersede: 5
(i) the application of any county fees or regulations and licensing 6
requirements for electronic gaming devices under this subsection; or 7
(ii) a requirement for a county license for owning, operating, or 8
manufacturing an electronic gaming device under this subsection. 9
(e) [An] EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , AN 10
electronic gaming device that is not licensed or otherwise operated in compliance with the 11
provisions of this section as of January 1, 2013, is an illegal gaming device that may not 12
legally operate in the State. 13
(F) (1) IN FREDERICK COUNTY, A PERSON AUT HORIZED TO OPERATE A 14
TIP JAR IN THE COUNT Y UNDER § 13–1305 OF THIS ARTICLE MAY OPERATE AN 15
ELECTRONIC TIP JAR M ACHINE IN THE COUNTY IF THE PERSON OBTAINS A GAMING 16
PERMIT FOR EACH MACHINE FRO M THE COUNTY IN ACCORDANCE WITH § 13–1304 17
OF THIS ARTICLE. 18
(2) THE COUNTY COMMISSIONERS OF FREDERICK COUNTY MAY 19
ADOPT REGULATIONS FO R THE OPERATION OF AND ISSUANCE OF PERMITS FOR 20
ELECTRONIC TIP JAR M ACHINES UNDER TITLE 13, SUBTITLE 13 OF THIS ARTICLE. 21
[(f)] (G) (1) There is a Maryland Amusement Game Advisory Committee. 22
(2) The Advisory Committee shall advise the Commission on the conduct 23
and technical aspects of the amusement game industry, including recommendations for the 24
legality of skills–based amusement games. 25
(3) The Advisory Committee consists of: 26
(i) the following members appointed by the Governor: 27
1. two members selected from a list of five names submitted 28
by the Maryland Amusement and Music Operators Association; 29
2. one member who is a local government official selected 30
from a list of names submitted by the Maryland Association of Counties and the Maryland 31
Municipal League; 32
3. one member who is a local law enforcement officer; and 33 4 SENATE BILL 647
4. one citizen representative; and 1
(ii) the Director of the Commission, or the Director’s designee, who 2
shall serve as a nonvoting member of the Advisory Committee. 3
(4) The Governor shall designate the chair of the Advisory Committee. 4
(5) The Commission shall provide staff for the Advisory Committee. 5
(6) A member of the Advisory Committee: 6
(i) may not receive compensation as a member of the Advisory 7
Committee; but 8
(ii) is entitled to reimbursement for expenses under the Standard 9
State Travel Regulations, as provided in the State budget. 10
13–1301. 11
(A) In this subtitle[, “gaming event”] THE FOLLOWING WORDS HAVE THE 12
MEANINGS INDICATED . 13
(B) “GAMING EVENT” includes: 14
(1) a bazaar; 15
(2) a carnival; 16
(3) a raffle; 17
(4) a tip jar; and 18
(5) a punchboard. 19
(C) “TIP JAR” INCLUDES AN ELECTRON IC TIP JAR MACHINE A UTHORIZED 20
UNDER § 12–301.1 OF THIS ARTICLE. 21
13–1302. 22
This subtitle applies only in Frederick County. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1, 2022. 25