PRINTER'S NO. 780
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
704
Session of
2023
INTRODUCED BY FONTANA, BREWSTER, SCHWANK AND HUTCHINSON,
MAY 23, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 23, 2023
AN ACT
Amending the act of June 13, 2008 (P.L.182, No.27), entitled "An
act regulating smoking in this Commonwealth; imposing powers
and duties on the Department of Health and local boards of
health; providing penalties; preempting local action; and
making a related repeal," further providing for definitions
and for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "smoking" in section 2 of the
act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
Air Act, is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Smoking." The carrying by a person of a lighted cigar,
cigarette, pipe or other lighted smoking device, including an
electronic cigarette.
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Section 2. Section 3(b)(11) of the act is amended to read:
Section 3. Prohibition.
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(b) Exceptions.--Subsection (a) shall not apply to any of
the following:
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(11) Unless [otherwise increased under this paragraph,]
smoking is prohibited on 100% of the gaming floor in a
licensed facility, 25% of the gaming floor at a licensed
facility[.] unless that percentage is otherwise increased
under this paragraph. The designated smoking area must be an
enclosed area with adequate ventilation system to eliminate
the permeation of smoke into nonsmoking areas. No earlier
than 90 days following the effective date of this section or
the date of commencement of slot machine operations at a
licensed facility, whichever is later, a licensed facility
shall request a report from the Department of Revenue that
analyzes the gross terminal revenue per slot machine unit in
operation at the licensed facility within the 90-day period
preceding the request. If the report shows that the average
gross terminal revenue per slot machine unit in the
designated smoking area equals or exceeds the average gross
terminal revenue per slot machine unit in the designated
nonsmoking area, the licensed facility may increase the
designated smoking area of the gaming floor in proportion to
the percentage difference in revenue. A licensed facility may
request this report from the Department of Revenue on a
quarterly basis and may increase the designated smoking area
of the gaming floor accordingly. At no time may the
designated smoking area exceed 50% of the gaming floor. The
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board shall have jurisdiction to verify the gross terminal
revenues included in the report to ensure compliance with the
requirements under this paragraph. Movement of the licensed
facility from a temporary facility to a permanent facility
shall not require the licensed facility to revert to the
minimum percentage set forth under this paragraph.
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Section 3. This act shall take effect in 60 days.
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