THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, BAKER, BOYD, DAY, FLECK, FRANKEL, FREEMAN, GINGRICH, HAHN, HUTCHINSON, KAUFFMAN, MURT, ROAE, STERN, SWANGER, TALLMAN, VITALI AND WATERS, FEBRUARY 2, 2011

REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 2, 2011  

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 prohibitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3(b)(11) of the act of June 13, 2008

(P.L.182, No.27), known as the Clean Indoor Air Act, is

repealed:

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,

25% of the gaming floor at a licensed facility. 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

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 2.  This act shall take effect in 60 days.